Mediation is used to facilitate effective conflict resolution. Communication between disputing parties is conducted with the participation of a mediator who helps the parties achieve an amicable solution to the dispute that is acceptable to all. The mediator is a neutral person who neither decides the dispute, nor orders a resulting solution.
Mediation makes it possible to resolve a dispute faster (compared to a protracted lawsuit) and cheaper (compared to court costs), while maintaining or restoring good relations between the parties to the dispute.
Mediation is an entirely informal and flexible process resulting in an agreement of the parties of how to resolve their conflict. The second, very formalized, way to resolve a conflict is a form of court or arbitration proceedings resulting in a decision made by an independent person or institution (court or arbitrator). Mediation seeks a solution to the dispute, not the culprit.
Mediation is voluntary, and none of the parties to the dispute may be forced to it. The parties to the dispute decide whether to undergo mediation completely freely and voluntarily. Similarly, any of the parties to the conflict may freely terminate mediation at any time.
The mediator is neither a judge nor an arbitrator, does not carry out lengthy production of evidence, and does not even decide on which party is in the right. The mediator is a fully independent and impartial person who actively and professionally leads the disputing parties to resolve their conflict in a way chosen by the parties themselves.
The mediator is strictly bound by secrecy and, in disputes to which the person has participated as a mediator, is not entitled to make any testimonies or provide any information to persons other than the parties to the conflict.
The role of mediator in the dispute resolution process lies in mediating communication between the disputing parties. As a rule, the mediator does not propose a conflict resolution unless the specific case requires it.
