The procedure of mediation is a method of an alternative settlement of disputes and controversial matters through the mediation of the third – neutral – party (the mediator) based on voluntary agreement of the parties with the aim of reaching a mutually acceptable decision. As known, reconciliation during all times was considered to be the best method of dispute resolution.
PECULIARITIES OF THE PROCESS OF MEDIATION
The process of mediation takes place with the participation of mediators. In S&P Agency (Kyiv) the mediators are only those specialists, who have long-term practical experience in dispute resolution of any level of complexity – both in court proceedings and in peaceful dispute settlements. More than a decade of experience in providing professional services in the economic sphere, support of judicial processes, participation in anti-competitive and other business conflicts allow our mediators to cover the whole picture and model any dispute in the court. Having a clear vision of the prospects, terms and costs in a possible litigation, the client independently decides on the direction of movement, and very often it is the mediation that allows the client to avoid long-term litigation, as well as to save money expenses. Our professional mediator services can be confirmed by countless S&P Agency clients in Kyiv and other cities of Ukraine.
Mediation can be applied at any stage of a dispute or conflict resolution. Thus, if the case is brought to the court, the parties may apply a mediation procedure at any time before the decision on the dispute is made by the relevant court.
ADVANTAGES OF THE PROCESS OF MEDIATION
The mediation procedure is a civilized way of resolving a conflict and differs favorably from the judicial process:
- in contrast to the judicial process, the mediation process is not a public action, and mediators are, respectively, guaranteed confidentiality for the companies-participants of the dispute;
- independence from the state: the process is based on the autonomy of the participants;
- oriented on personal opinion and subjective interests of the parties, rather than on implementation of rules and regulations established by procedural law;
- does not limit itself only with the legal field, but also takes into account different interests of the parties;
- it is oriented on compromise, that is, on mutual victory of both sides, and not on a “win-lose” scenario.
WHAT DOES S&P EGENCY DO IN THE COURSE OF MEDIATION
Our mediation services include four stages:
- Audit and dispute analysis, including analysis of legal and non-legal documents.
- Preparation of the forecast on judicial settlement of disputes (the perspective, the time limits, the risks and losses).
- Preparation and presentation of a plan for the settlement of a dispute during mediation.
- Hold previous negotiations with the other party to start the mediation process. At this stage, our mediators interact with the other party through negotiations to agree and make a positive decision and choose mediation as the main dispute resolution procedure.
- Detailed planning of the procedure of the pre-trial settlement of the dispute, as well as the conclusion of the project of the mediation agreement.
- The procedure of mediation (organization and holding of negotiations between the parties with the participation of the middleman-mediator, implementation of the dispute settlement plan, final truce of the parties).
- Creation of the project and signing of the mediation agreement in accordance with the agreements reached by the parties.
WHAT YOU WILL GET FROM YOUR COLLABORATION WITH S&P AGENCY:
- A team of professional business consultants, auditors, tax consultants, lawyers, investigators, mediators who have very successful experience in conducting audit of conflict situations;
- A unique experience of working with our strong team, which has already helped in successfully and peacefully solving dozens of controversial issues and conflicts;
- Individual strategy of a dispute settlement, depending on complexity of the conflict and your requirements ;
- Clear and understandable, step-by-step algorithm of the process of a potential peaceful settlement of disputes with understanding of its risks;
- Our team of professionals will guarantee you high-quality support services at every stage of the dispute settlement;
- Ideal price/quality ratio for the company that wants to order the right mediation services. Our work saves millions. You can find out more information by contacting S&P Agency with your case.