Mediation process

facil

Mediation preliminary procedure:

  • This is the preliminary stage of the mediation process, when are establish the dispute’s parties and the nature of the conflict. In this stage the mediator describe the mediation principles and advantages; rules, effects and limits of the mediation process and of the mediation agreement
  • This stage can be done in one day (if the parties come together) or in maximum fifteen days (if is necessary the mediation invitation for the other party). In both cases, the preliminary procedure can be accomplish in one session, if the parties agree
  • In this first session, the parties analyse if will accept the mediation process and the mediator decide if will accept to mediate the dispute. If the mediation is accepted as an way to solve the conflict, will be sign the mediation contract mandatory for starting and run the mediation process

This preliminary procedure doesn’t oblige the parties to follow the mediation process in its complexity, is free of charge, doesn’t constitute the recognition of the conflict and is not suspending the prescription time.

Mediation process:

  • Mediation process preparation – is the stage in which the mediator analyse the complexity of the conflict
  • Opening the mediation process – in this stage the mediation rules, what will happen and which are the mediation effects and the mediator role are presented and explained
  • Parties’ statements – is the stage when each party present in detail the problems and personal point of view regarding the dispute
  • Exchange and exploring the information– is the communication, argumentation, discussions, negotiations stage and the stage of establishing the common interest. For this stage can be used separate meetings, at parties request or as mediator decision
  • Build the agreement – after the common interest is established the parties, assisted by the mediator, will generate solutions, will negotiate it and will reach the agreement
  • Ending the mediation – the mediation process can end in three ways: by solving the dispute- signing the mediation agreement; by mediator ascertain regarding the mediation failed or one of the party relinquishment

The number of sessions for this phase of mediation depends on the dispute type and on the parties.

Implementation of the mediation agreement:

  • In judicial cases (prior procedure or during the judicial process) the mediation agreement is invested by the court, at parties request
  • In extrajudicial cases (voluntary cases) the agreement can be enforceable

 

Mandatory documents:

  • Mediation request document made by a party or by the parties together
  • Mediation  precontract (if the parties are not together)  and/or mediation contract (if the decision is to enter into the mediation process)
  • Informational certificate or Minute of the mandatory informational session (if it will not be issue the Protocol for ending the mediation process)
  • Mediation agreement (may be a verbal agreement)
  • Protocol for ending the mediation process
Sună Mesaj