Mediation is a possibility of the mutually advantageous peaceful resolution of a conflict between the sides, without making it public and avoiding a court procedure.
Mediation is a type of pre-action reconciliatory procedures in the settlement of disputes. This is the activity of an intermediary in the settlement of conflicts between the sides, which creates conditions for negotiations, strict control over the developed regulations (consistent with the signed agreement on the mediation procedure), and the unobtrusive guidance of the process based on the experience and knowledge of the mediator (intermediary). Being an alternative universal method of the settlement of disputes, it may be used outside the court or within a court procedure. The mediator takes part in the process as a disinterested neutral side, whose authority is recognized by all the participants. Using his experience and profound knowledge of jurisprudence, conflict science, psychology, sociology and other affiliated areas of expertise, he assists in the elaboration of an optimal solution.
Various disputes and conflicts are an inseparable part of entrepreneurial activity, as it unavoidably leads to a conflict of interest. Hence, there is always a need for their objective resolution. A mediator is not a judge; he does not make a decision. He is tasked to do away with the inefficient models of communication between the sides. By impartially guiding the disputing parties, he helps them through the process of a civilized dialogue based on mutual respect, the ability and willingness to listen and to hear, and the aspiration for an amicable settlement of the conflict, towards a solution, which will be elaborated meaningfully and be acceptable and advantageous for all sides.
Mediation makes it possible to resolve disagreements in an atmosphere of utter confidentiality, to save time and money, to preserve partner-like relations and mutual respect and to avoid serious consequences of a conflict. The attained solution takes into account the interests of all sides, and, in the end, there are no losers or winners. Mediation is successfully used in commerce, banking, investment and many other spheres of activity. This is a future-oriented way towards a meaningful and mutually advantageous resolution of disputes.