Вирішення спорів Україна, Київ
Mediation (from English - Mediation) is a process in which a conflict with its inherent negative emotional color turns into negotiations, where each of the participants changes the role of the party to the conflict to a participant in the negotiations in order to reach specific agreements beneficial to both parties.
Mediation, as an alternative method of resolving conflict situations, directs and focuses the participants in the dispute on finding options for solving the problem that became the basis of the conflict. This method of conflict resolution separates the person from the subject of the dispute and provides an opportunity to find common interests, discuss them comprehensively and jointly find a solution that will satisfy both parties. Participants in mediation negotiations have an equal right to express their attitude to the problem, point of view, bring up for discussion the topics that interest them the most, outline their interests and ways of resolving the dispute.
The role of the mediator, as a moderator of the mediation process, is that the negotiations between the participants should be structured, constructive and aimed at finding a solution to the dispute, which the participants independently produce, that fully satisfies them. The mediator in the negotiation process is neutral, i.e. directed at finding a solution that fully meets the interests of the participants and satisfies their needs. The mediator does not make a decision and does not appoint the guilty party, but contributes to the solution of the problem that created the conflict situation.
The mediation process is voluntary, confidential, equal and flexible.
It starts only with the consent of all participants in the disputed situation, who have the authority to make decisions. In the case of an appeal to the mediator that before the mediation meeting is held by one of the participants in the conflict, the mediator conducts negotiations with the other participant about his participation in the joint mediation meeting, finds out the time and place of the meeting that is convenient for both participants.
is the basis of the mediation process. Each participant in the negotiations voluntarily determines the need for such a meeting and the desire to reach a peaceful solution to the dispute. Each participant can, in case of dissatisfaction with the process of negotiations, terminate them. The participants understand that they conduct negotiations voluntarily in order to reach a resolution of the dispute that will satisfy their interests.
is a very useful and essential feature of a mediation meeting. It enables the participants to be sure that the information received during the negotiations and the very fact of holding such negotiations will not be known to the general public. Confidentiality regarding the participants in mediation negotiations is ensured by the signing of a corresponding agreement between them. The preservation of information received by the mediator during the process is regulated by the Law of Ukraine "On Mediation". After the end of the mediation process, all written, audio and video materials, which appeared in the use of the mediator, are subject to destruction.
This is the advantage that distinguishes mediation from other ways of resolving conflicts and disputes. The equality of participants in mediation negotiations enables the parties to freely (without insults and humiliation) express their point of view, express their interests, and seek a solution that will fully satisfy the needs of both parties.
Equality in the process of conflict resolution plays a very important role, which gives confidence and creativity to participants in finding a dispute resolution
this is an important and useful distinction from judicial dispute resolution. Mediation negotiations are a structured process, where we move step by step to resolve the dispute, but often there is a need to additionally work on some of the stages that have already been passed in the negotiation process, for example, to additionally discuss the facts that formed the basis of the conflict, and we are already at the stage of discussion of the common interests of the disputants. In order to achieve a positive result that satisfies the needs of all participants of the mediation meeting, the goal is the same - a thorough discussion of all the details of the points of view, interests, and interests of the parties in order to achieve an understanding between the participants.
