About mediation

What is mediation? What are the benefits of mediation? Who is a mediator and what is their role?

What is mediation?

Mediation - is the negotiation process between parties to the conflict with the focus on the development of a mutually agreeable solution, carried out with the help and support of a mediator.

Mediation includes preparatory activities and joint or individual meetings of the parties to the conflict with the mediator. If necessary, the most convenient format and pace of this procedure for the parties can be chosen, which favorably distinguishes mediation from court proceedings. By agreement of the parties and the mediator, mediation can take place offline (face-to-face) or online. In mediation, there can be involved specialists and experts.

Mediation does not deprive parties to the conflict (dispute) of the right to go to court, whilst this procedure has considerable advantages over court proceedings.

The legal regulations and procedure of conducting mediation in Ukraine as an extrajudicial procedure of conflict (dispute) settlement, its principles, the status of the mediator, the requirements for the mediator’s training, and other questions of corresponding matter are defined in the Law of Ukraine “On mediation” original Ukrainian / unofficial English translation.

What are the benefits and peculiarities of mediation?

VOLUNTARY PARTICIPATION IN MEDIATION

Parties to the conflict (dispute) independently decide on the expediency of participating in mediation and can withdraw from the procedure at any time.

CONFIDENTIALITY

Anything discussed during mediation will not be disclosed. This makes it possible to avoid publicizing both the details of the conflict and the very fact of its existence.

SAVING MONEY

Payment for the services of the mediator is generaly less than the court costs. In some cases, mediation can be conducted free of charge.

SAVING TIME

Conflict is settled through mediation much faster than through court proceedings (which can include a number of instances).

FREE DISPOSAL OF YOUR TIME

Parties with a mediator decide on the order of meetings and are not tied to the court`s word schedule.

RELIEF OF EMOTIONAL TENSION

Negotiations with the participation of a mediator make it possible to minimize stress levels caused by the conflict, and not only preserve but also restore the physical and psychological resources of the individual.

MAINTAINING RELATIONSHIPS

Working together to settle a conflict situation allows the parties to preserve, restore, and sometimes expand and deepen mutual relations.

SELF-DETERMINATION AND EQUAL RIGHTS OF PARTIES TO THE MEDIATION PROCESS

Parties independently generate and decide on the mutually agreeable solution on ways out of the conflict situation, unlike the court, which makes a binding decision for the parties, focusing solely on the provisions of law.

VOLUNTARY EXECUTION OF THE DECISION

Agreements worked out jointly during the mediation process increase the probability of voluntary implementation of the decision made by the parties.

MEDIATION IS BROADER THAN COURT PROCEEDINGS

A conflict situation can include such aspects, which can not be resolved by the court. What is more, there can appear new topics for discussions, which are important for the parties to the conflict and cannot be brought to the court trial. Mediation gives a possibility to discuss such topics and to reach decisions that would reflect the interests and the needs of the parties better than the court ruling.

Who is a mediator and what is their role?

Mediator — is a specially qualified neutral, independent, unprejudiced negotiator, who conducts the mediation process. Mediator can be a natural person, who completed basic mediation training in Ukraine or abroad. Basic mediation training is carried out according to not less than 90 hours programme, involving not less than 45 hours of practical tasks. In addition to the basic course, mediation training can include specialized one. After passing the basic and/or specialized training and confirming the acquired competency, a corresponding certificate is issued.

What does mediator do?

creates favourable conditions for negotiations
establishes communication and understanding between the parties in mediation
helps to identify the interests and needs of parties in mediation
organises common work of parties of mediation in finding mutually agreeable solution
manages mediation procedure and progressively takes the parties through all the stages of mediation
lessens emotional tension of the parties in mediation
helps to check decisions developed by parties on the realism of their implementation
informs on the procedure of mediation`s conduction and records its results

Mediator has the right to provide parties to the mediation with advice and recommendations exclusively concerning the procedure of mediation and recording its results.

Mediator does not make a decision on the merits of a conflict and does not even provide any advice on such a decision.

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