Understanding – Reconciliation – Mediation
Dear Colleague,
The meaning of mediation is already clear to lawyers and mediators and people use it instinctively in everyday situations. There is no area of our lives where mediation and conciliation are not of utter importance, for example, trying to reconcile two colleagues at work, reaching a divorce settlement or reaching a consensus on child support. These are all steps of the mediation and reconciliation process.
Out–of–court settlements offer benefits for all parties. On the one hand, theyreduce the burden on the judicial apparatus, on the other hand, they offer a quicker, more personalized solution, as the parties can determine for themselves the type of settlement that will allow them to resolve their dispute in a way that is fully satisfactory to them. The agreement is reached from within, with the intervention of a professional.
At Judges for Mediation, we believe that mediation is the good will of the law. We confide in the fact that the rise of mediation will contribute to a more peaceful dispute resolution culture in our society in the long term. In our association, we have been working towards this goal for 12 years.
Introducing ourselves
The concept of mediation has emerged in the public awareness a few decades ago, nevertheless, it has only gained popularity in the last few years. Our goal is not only to further propagate the concept, but also to give it a real and fuller content and meaning for lawyers and for all parties involved in conflicts. We believe that, since the mediation process can provide better solutions for everyday conflicts as opposed to settling them through legal disputes, our aim can be useful and important for everyone.
What kinds of conflicts can be settled through mediation?
Family- (alimony, custody, inheritance, divorce, child support, child custody, contact), workplace- (between subordinates, between boss and subordinate, termination of employment), economic- (between business owners, between businesses), - between neighbors (property, condominium), school- (student-student, teacher-student), as well as penal conflicts (offender-victim) can be resolved through mediation.
Mediation is often identified in the public mind with similar problem-solving methods, e.g. conciliation, counselling, settlement, therapy, etc. Although, these methods have one common purpose, solving some kind of problems, mediationis different from all of them as it is based on professional methods. So, mediation is dialogue instead of litigation.
The essence of mediation is, that parties of a conflict find the best solution forall concerned with the help of a mediator. Thanks to the techniques used in the process by the neutral mediator who is bound by confidentiality, the initial conflict is turned into a dialogue through the exploration of the parties' real feelings, needs, interests and possibilities. The mediator does not judge and does not decide, yet the conflicting sides can find a solution to their problem.
Here are two examples to illustrate the benefits of mediation:
1. The method of mediation really focuses on the conflict of the parties, that is why it is often the case that in the initial stages of a conflict the task is to restore communication instead of finding a solution to the problem. Once the parties are able to communicate with each other again, it is possible to explore and understand their feelings, needs and interests. A satisfactory solution can only be reached in this sequence and knowing these facts.2. The method of mediation really focuses on the parties, therefore it can help finding the optimal solution. Decisions that conclude legal proceedings are wedged among narrow frames, are unenforceable decisions or are toostrict or one-sided in order for them to actually be enforceable. The agreement that concludes a mediation process can include anything that provides a solution for the parties involved. It is not a recommendation, because its contents are mandatory for the parties and it is informal, because it can contain any solution that is not against the law.
We, the members of Judges for Mediation Association, believe that the growing use of mediation will contribute to the long-term improvement of the dispute-resolution-culture of our society.