Managing a business, especially a successful one, is impossible without situations when a conflict of interests arises, positions clash and, as a consequence, it is necessary to search for a solution of such situation, which most suits the parties concerned. Classical dispute-resolution in courts is quite an aggressive method of dispute-resolution. Moreover, it does not provide for confidentiality of the parties and can oftentimes take place in courts favouring one of the parties to the conflict. Besides, dispute resolution in courts is based on formal documents, while a solution to the conflict lies in the sphere of finding a balance of interests. Therefore, nowadays conflicting parties are showing more and more interest in alternative dispute resolution.
Mediation is considered to be the most effective dispute-resolution mechanism by practicing lawyers nowadays. Mediation (lat. “mediare” – to mediate) is a procedure of dispute-resolution with participation of the third party, which necessarily must be professional, neutral and independent. It is the mediator, who can help both parties reach the result suiting each one of them. At the same time the mediator shows the parties that they arrive at solving the conflict by their own efforts.
There are certain conditions to be fulfilled and rules to be followed in mediation. It provides for strict sequence of actions and is based on the principles of free will and confidentiality, mutual respect, equality of the parties, neutrality and impartiality of the mediator, and transparency of procedure. The art of mediation lies in the twofold role of the mediator: she or he is both a facilitator responsible for organization of negotiations, for strict observance of the rules and structure of the process, and an active participant of the process often driving it out of the stalemate.
Within the mediation procedure the mediator necessarily possesses expertise in the sphere of the dispute and must provide professional legal information on the first call so that the agreement concluded by the parties corresponds to all legal norms regulating the subject issue of the dispute.
Mediation can be effective while solving labour disputes, regulating performance of contractual obligations, or when owners of a business cannot arrive at a compromise and this threatens their whole business.
Headed by Mykhailo Parapan, a certified mediator of the Centre for Effective Dispute Resolution (London, UK), the lawyers of our firm are ready to offer our services as mediator in resolving your disputes. Besides being experienced and educated lawyers our professionals are masters of mediation, who are knowledgeable in many spheres of national economy. We can provide you with invaluable support in alternative dispute-resolution.
We know that resolution of a business-dispute is more often a found solution than a victory. And we are ready to help you in finding the most successful decision by mobilizing the whole scope of our knowledge.