Mediation

Our offer

Mediation – a process where mediator is meeting face to face with the parties to help the parties to reach an agreement. This service is for you if you need quick help to reach an agreement with the other party and you’re ready to talk, direct meetings and negotiations. If you care about fair agreement and you want to have a real impact on its final shape – try mediation. There is always a time for long-term trial in which the judge will make a decision.

Mediation Advice – If you are one of a party of the dispute and the other party does not agree for mediation but agreement is important for, this service is for you. During the 1,5 hour meeting with the mediator, you will discuss your situation and you will get an advice that will help you reach an agreement. You will hear what to consider, which strategy implement, how to deal with yours and others emotions. You will also receive advice on how to design a settlement and how to apply for the approval of the court. Write or call us, choose a convenient date and arrange a meeting with the mediator.

FREE OF CHARGE initial conversation with mediator– If you have not been in mediation so far or if you have a doubts whether you can apply mediation in your situation or if you are looking for information to convince the other party or if you are looking for a mediator but do not know who to trust – FREE OF CHARGE 30-minute conversation with the mediator by skype or phone can help you. Write to us, chose your convenient dates and arrange a free initial e-conversation with mediator. The service can be used only once.

What is mediation?

Mediation is a method of dispute resolution in which a neutral and impartial third person helps the parties to communicate with each other, identify interests and issues for discussion to reach a mutually acceptable agreement.

The aim of mediation is to reach a solution satisfactory to the parties, and not to determine or judge who is right in the dispute. Mediations’ purpose is to mitigate or resolve of the litigation existing between the parties

What are the types of mediation?

1. According to the area concerned:

• in civil cases (eg, family, workplace, business, commercial)
• in Victim-Offender cases

2. or the source:

• the parties (parties want to resolve their dispute without going to court)
• the court (the parties were encouraged to mediation by judge at the first hearing)

What are the benefits of mediation?

In business

• You have 100% of influence on the final solution – the parties decide themselves to the elements of agreements and remain a sense of “winning”.
• You talk to your partner or a business partner in a neutral place, in confidential and friendly atmosphere – outside the court, usually in the mediator’s office.
• You avoid court costs and save time – mediation begins immediately after both parties apply and the total costs are much lower comparing to lawsuit. The parties cover the cost of mediation in half, unless the parties agree otherwise.
• Quickly and efficiently achieve what’s important to you – in the mediation party themselves decide how to schedule payments or take action – without waiting for validation, appellation or next hearing.
• You do not only solving the current issue but also setting further rules for cooperation with your partner in the future.
• You can express your feelings, intentions and needs in a peaceful and safe atmosphere; you ensure a good understanding by the other party and meeting others perspective.
• You take care about the reputation of your company – mediation is confidential and parties are required to maintain confidentiality with respect to all discussed issues. The knowledge acquired by the parties in mediation cannot be used in a possible lawsuit.

In  private life

• Mediation helps to improve mutual understanding.
• In mediation, each member of the family or community may speak, present his/her perspective, point of view, needs and expectations for the future, which settle the basis of decision.
• Mediation provides an opportunity for family members to begin to talk to each other again. Mediators help cool the emotions and direct them to constructive paths; move from remembering past to planning the future.
• In mediation parties decide themselves. In an informal and comfortable situation family can thoroughly look into possible solutions and choose the one that best serve their members.
• Reaching agreement in mediation takes less time and costs (financial and emotional) comparing to court.

How does the process look like?

Having confirmed the party’s readiness to conversation, mediator sets time and place of the first meeting. During the first meeting, the mediator shall inform the parties about the procedure, the benefits and explains his role in the process. He also to provides information about the cost of mediation, and finally, make sure that the parties agree with the rules and accept mediator himself. During next meetings, including individual, parties present their points of view, interests, needs and expectations and negotiate possible solutions. One of the major contributions that mediators bring to the process is support transformation from position based negotiation to business and needs based negotiation. We assume that poor communication is the basis of the conflict that is why mediators are focusing their efforts on improving the volume and quality of communication between the parties. The purpose of discussions is to reach an agreement and a official settlement.

What is the mediator role?

Mediator makes an effort to bring parties interests closer. Mediator supports parties in exploring their interests and needs, exceeding the variety of solutions and redefining the relationship.

What are the rules for mediation?

voluntary – the parties voluntarily participate in the mediation. That means that the parties can stop the mediation process at any phase. The parties cannot feel the pressure to participate in mediation.

the mediator’s impartiality – means no prejudices and preferences in relation to one or more of the parties, their interests and solutions

confidentiality – mediation is private process and only parties and mediator knows about discussed issues, revealed information and offered solutions

the mediator’s neutrality – the mediator cannot have any prior connection or relation with any of the parties also cannot impose its own solution proposals to the parties. Mediator cannot have any private benefit from the settlement.

the acceptability of a mediator – the parties should feel comfortable in the presence of a mediator, if it is not, can ask to change a mediator or stop the mediation process.

Moreover:

• the parties may resign of mediation at any stage
• mediation is conducted in a neutral location for parties, usually in the mediator’s office
• however, if the parties meet eventually in court, they cannot refer to agreement proposals, proposals for mutual concessions or other statements made in the mediation.

How to start mediation?

One of the parties fill in and send us the electronic application of mediation (in the “Downloads”), together with confirmation of sending a copy of the request to the other party to the dispute. Usually parties sign a mediation contract during the first join meeting.

How long is mediation meeting and the process?

Number of meetings is not pre-determined and depends on the complexity of the dispute and needs and capabilities of the parties. In general, a single meeting takes 1 – 2 hours.

Who pays for mediation?

The cost of mediation, including the mediator fees, is covered by the parties. In return he parties receives the bill or invoice. As a general rule, the cost of mediation are divided and paid by the parties in half, unless the parties agree different proportions.

Price of mediation is set individually depending on the value of the claim, type and place of mediation.
The business disputes – 1%-5% of the value of the claim (not less than 1000 zł net) for the whole mediation
In civil cases when the value of the dispute is not known – from 350 zł  per meeting.

The cost of mediation is independent of the outcome, regardless of whether the parties reach an agreement or not.