Mediation - an alternative to the judicial process procedure for resolving conflict situations, which provides a special form of mediation involving a neutral mediator in the dispute resolution procedure. It is built as a space for calm and respectful communication, where conflicts can hear each other, manage their emotions and agree on solutions to important issues.
In accordance with article 2, paragraph 1, of the Law of the Republic of Belarus «About Mediation», mediation is applicable for the settlement of disputes arising in entrepreneurial and other economic (economic) activities, as well as in disputes arising in family and labor relations.
The availability of mediation depends primarily on the nature of the disputes between the parties. Therefore, first, it is necessary to to determine which method of dispute resolution is most acceptable in each particular situation, since in some cases the use of mediation is the most appropriate and in some it is necessary to go to court.
Reconciliation of the parties through mediation is only beginning to gain popularity in Minsk, although in other countries it is widespread and actively used. The essence of the process is to find a win-win solution to the current situation where negotiations are conducted with the participation of a third person to ensure that the interests of all parties are respected.
The mediation process, as an alternative to judicial processes, is equally beneficial for both individuals and legal entities, there is also its legislative regulation.
Settlement of disputes follows the following pattern:
- Participants are informed of the principles of mediation, their rights and obligations, the form of the application and the negotiation procedure.
- Then the conflicting parties equal, the equal time, present a picture of the conflict.
- After the presentation of the parties, the painstaking search for the interests, needs of the parties to the conflict begins.
- Any conflict can be resolved if the interests, actual needs of both parties are discussed and satisfied. If strong emotions are included, a caucus is organized - the area of individual ventilation and the development of acute emotions.
- After the presentation of positions, the search for interests and unmet needs, the expression of emotions and feelings, the object of the dispute is determined.
- The search for a joint solution that would satisfy the parties begins. At the same time, the adequacy and realism are checked (according to the checklist)
- The solution is fixed in the agreement.
In the mediation process, emotions are reduced, respect for the opposing party is maintained, the interests of the parties are determined, united by the subject of the dispute. The conflict is discussed openly and frankly, but the parties come to an agreement.
Use mediation services in Minsk by «Legvard» company. We are ready to reconcile the conflicting parties and help you to find a mutually beneficial solution in difficult situations. We guarantee that all information related to mediation and during its implementation, that has become known to the mediator, will be strictly confidential.