Mediation

Non omne quod licet honestum est.

Latin proverb

Dispute resolution through mediation

Here, disputes between contracting parties, siblings, relatives, neighbours, heirs, business partners, employers, employees are resolved by MEDIATION

  • because being at peace is priceless
  • because we don’t have money or time to spare.

WHAT IS MEDIATION?

Mediation is a procedure in which the parties try to resolve the existing dispute in their own way and to their mutual benefit. Mediation is the restoration of peace in disturbed interpersonal or business relations.

WHO IS A MEDIATOR?

A mediator is an impartial, trustworthy person who is authorized to help the participants find the best solution to their problem.

WHICH DISPUTES ARE SUITABLE FOR MEDIATION?

• disputes regarding ownership, passages, borders

• disputes regarding inheritance

• disputes due to breach of contract

• disputes for damages

• marital disputes

• disputes between companies

• disputes between employers and employees

 

WHEN IS THERE A LEGAL OBLIGATION TO INITIATE MEDIATION PROCEDURE?

According to the Law on Peaceful Disputes Resolution, there is a duty to try to resolve disputes peacefully before initiating court proceedings for compensation of damages (with the exception of compensation for damages from the employment relationship).

WHEN IS THE RIGHT TIME TO INITIATE THE MEDIATION PROCEDURE?

• always when it is a dispute that the parties do not intend to bring to court (due to costs, length of procedure, uncertainty, etc.), and that dispute permanently damages interpersonal or business relations

• at the moment when negotiations and discussions with the opposing party have failed and a lawsuit is pending

• during court proceedings

WHEN DOES MEDIATION START?

• at the proposal of one of the conflicted parties

• by unanimous proposal of the conflicting parties

• at the proposal of the court, which the parties accept

• on the basis of the law in disputes where mediation is prescribed as mandatory

WHY CHOOSE MEDIATION INSTEAD OF COURT PROCEEDINGS?

Court proceedings are expensive, time-consuming and uncertain. In court proceedings, the parties attack each other and deepen the conflict. At the end of the procedure, the court issues a verdict based on the regulations as the only possible solution to the dispute. One side is the winner and the other is the loser. Usually, the loser, in addition to their costs, is also obliged to compensate the winner for all their costs incurred during the procedure, which amount to several thousand euros. Interpersonal or business relationships are permanently damaged.

In most cases, mediation ends in a short period of time (up to 60 days) with significantly lower costs. The parties try to solve the problem together and find a mutually acceptable solution based on their needs and interests among numerous possibilities. Both parties are winners. Reimbursement of expenses is freely negotiated. Mediation ends with a settlement and gives an opportunity for a new beginning in interpersonal or business relations.