Mediation - АТТ Консулт

What is mediation – it is an out-of-court resolution of disputes resulting in the achievement of a settlement with a judicial effect.

Mediation is a voluntary, swift, confidential, impartial and inexpensive out-of-court procedure for the settlement of disputes. Within this procedure, a third neutral person called mediator helps the arguing parties to reach a mutually beneficial agreement and preserve their relationship. This is especially appreciated in cases of disputes occurring between people who are or have been closely and emotionally related to each other, i.e. in a family or a partnership.

Mediation is good in establishing new and sometimes unexpected and creative possibilities for dispute settlement that benefits both parties. This is what makes it different from court cases in which there is always a losing party left with disappointment, anger and insult.

WHEN SHOULD THE MEDIATION BE APPLIED

immediately after the emergence of the dispute;
before referring the dispute to the courts;
at each stage of the court proceedings, based on the parties’ proposal;
if the participants are willing to improve or preserve their relationship.

THE MEDIATION PROCEDURE MAY BE INITIATED:

if the parties involved are willing to do so;
by the authority competent to resolve the dispute after the parties have granted their consent;

THE MEDIATOR:

shall have attended a special training on how to conduct a mediation procedure;
shall run the mediation procedure in an impartial and neutral way, and his/her main goal shall
be to ease the communication between the parties;
shall transform the confrontation into cooperation for the settlement of the dispute;
shall NOT be a judge, an arbitrator or a lawyer of the parties;
shall NOT come up with a solution to the dispute;
shall NOT provide legal, psychological or other professional advices;
shall be supervised by the Minister of Justice in terms of legal compliance.

WHAT MAKES MEDIATION MORE ADVANTAGEOUS FOR YOU?

And now we would like to summarize: What makes the mediation more advantageous for you?

Lawsuit	Mediation
Unfixed high fees	Fixed low fees
Long period of time – between 1 and 2 years	Short period of time – 1 or 2 meetings
There is always a losing party	Both parties win
1 ruling	Numerous rulings
Insecurity	Security
Tension during the proceedings	Comfort during the procedure
Publicity	Discretion
Formal proceedings with extensive preliminary preparation	Informal procedure without any prior preparation
Session with fixed date and time	Meeting scheduled based on your wishes and possibilities
Final result: Court ruling in favor of one of the parties	Final result: Notary certified settlement in favor of both parties

The worst settlement is better than the best court ruling.

Book your consultation

We are at your disposal to give you the best advice we can