Mediation

Mediation is a voluntary process designed to help parties in conflict craft their own solutions with the assistance of a third party neutral by recognizing underlying interests and bridging the gap in-between
Follow our seven steps mediation process

1. Preparation and mediator’s opening statement

At this stage the mediator introduces him/herself to the parties and gives an opening statement that sets the ground. This step also includes a brief description of the principles of mediation and the goals of the process. The parties and the mediator agree on the way the procedure will unfold and the ground rules to be followed.

2. Parties' statements and mediator's summaries

Each party presents the dispute from his/her perspective. Parties’ statements are noted and summarised back by the mediator, while providing an opportunity for the parties to hear each other requests and statements made

3. Identification and listing of issues (agenda setting)

The mediator identifies the issues that would be the major focus of the mediation process and on which the parties shall work in an attempt to find acceptable solutions in a co-operative manner.

4. Fact finding and legal framework

Parties are encouraged to disclose as much information as possible and jointly perform a fact finding procedure. In the process the mediator encourages parties to communicate directly with each other and seeks to clarify the legal rights to which parties are entitled. The parties’ interests and needs are further clarified.

5. Private meeting

Parties are provided with the opportunity to express opinions and give information privately to the mediator if they feel more comfortable doing so than in joint sessions. The private meeting can also assist parties to prepare to negotiate, generate options and ensure that particular proposals are realistic.

6. Joint negotiation

This provides the basis for joint problem solving, exploring the agreement and may be followed by further private meetings and joint sessions where necessary.

7. Final session

In the final session, the parties meet together in the presence of the mediator to discuss issues and possible options for resolution. The mediator facilitates final negotiations and fine-tuning of the agreement. Alternatively, the mediation may need to be adjourned or terminated.

Mediation FAQs

1. What is mediation?
Mediation is a peaceful way to end a dispute. It is a process that helps you and other party craft your own solution that best suits the interests at stake.
2. What does mediation cost?
ESEB will not charge you for mediation –you only need to cover administrative fees of EUR 20 for the entire process.
3. What do I need for mediation?
You don’t need anything – you just have to know what you are not satisfied with and what you want to achieve.
4. What if I do not have access to necessary documents or do not have them?
You don’t need documents to initiate the mediation process. On the contrary, mediation is not about proving that you are right and the other party – wrong. Mediation is about increasing the mutual understanding about the problem faced by the parties and bridging the gap to reach a consensus and achieve a solution.
5. Can mediation resolve disputes only between two parties?
No. The procedure involves all parties involved in the dispute.
6. Can group of people of one party select representative for mediation?
Yes. Participating parties could issue one representatives to represent and act on its behalf in the procedure.
7. At which conflict stage can mediation be used?
Mediation can be used at any stage of the conflict. Though, it’s better if mediation is chosen as the first step towards seeking a resolution.
8. What if other party/parties refuse mediation?
Participation in mediation is voluntary. Refusal of one of the parties to take part terminates the process.
9. Where does mediation take place?
At any place that both parties agree on. So any office, home, cafe could host mediation.
10. How does mediation differ from arbitration?
The mediator is not a decision-maker. In the process of mediation the parties keep the control over the dispute and the decision made afterwards is entirely up to them. Arbitration, on the contrary, provides for the arbitrator or panel of arbitrators to adopt an unanimous decision resolving the problem. Mediation is more informal that arbitration as the outcome is not determined by applicable law.
11. What type of disputes can be mediated?
All kinds of disputes are suitable for mediation. ESEB though specializes and provides a tailor-made approach specifically designed to adequately address the needs of parties involved in a dispute regarding building stock.
12. Do I need a lawyer to participate in mediation?
No, you don’t. But if you already have a lawyer then you could invite him/her to participate in the mediation process.
13. What if my lawyer refuses mediation?
You can still participate in the process – even without your lawyer.
14. Who can be a mediator?
Mediators are neutrals appointed by the parties to facilitate the process of solving disputes. Mediators are trained professionals registered and certified by a state appointed authority.
15. What if I want to change a mediator?
Yes, you can, but please bear in mind that in that case the whole procedure will start from the beginning.
16. How long does the mediation last?
Until both parties reach a satisfactory solution to their problem. If no solution is possible, any of the parties could turn the dispute to a court.
17. Is mediation confidential?
The mediation is strictly confidential – no one else except the parties and the mediator knows what happens and all information disclosed in the process could later on not be used in court. So your mediator can not testify in court if such is needed afterwards (except the cases of criminal acts).
18. Will mediation solve my problem?
No. Mediation will help you find a solution that would best suit the most important person – i.e. You.
19. How can I be sure that mediator is non-biased and neutral at all ?
Mediators are professionals who are trained to adopt a neutral stance in any dispute. If you trust however that the mediator is not neutral, you could at anytime discontinue the process.
20. What happens when other party does not act according to the decision reached?
If a party fails to execute a settlement reached in the course of mediation, you could resort to court and seek enforcement of the reached decision.

Contact for Mediation

If you want to contact us for mediation, you can download the form in pdf format and sent to us by post mail.
You also can fill our on-line Mediation form clicking in the following button
On-line form