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MEDIATION

MEDIATION. Identification :. A flexible confidential process in which a third party facilitates, through a negotiation process, to reach a consent in the argument while the parties have full control over the process of decision making and set up the terms of the resolution.

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MEDIATION

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  1. MEDIATION

  2. Identification: A flexible confidential process in which a third party facilitates, through a negotiation process, to reach a consent in the argument while the parties have full control over the process of decision making and set up the terms of the resolution.

  3. Principles, rules, advantages • Confidentiality • Time and money efficiency • Win-win result for all parties • Voluntary • Independence of a mediator • Impartiality • Flexibility of procedures • Authority of a mediator

  4. Сomparative table :

  5. Why parties want to be involved in the mediation process • interests of the parties: • Legal • personal • economic

  6. Why parties want to be involved in the mediation process Trust: Reliability predictability Mutuality www.kazmediation.kz

  7. Why parties want to be involved in the mediation process • Parties are active in the process rather than being aside while professionals deal with their fate • Меdiator knows the process, moderates the parties and not dictating them, • S\He helps to find a way out of the deadlock and does not leave them drifted by themselves. • Parties any time may leave the process and come back to it at any stage later

  8. Conflict resolution types range: NegotiationConciliation Ombudsman Mediation Arbitration Litigation • In which cases mediation is preferable • Direct negotiation is in a deadlock • a more urgent/efficient resolution needed • To avoid publicity (disclosure of information) • Issues of a reputation involved • To continue relations between the parties • Litigation is considered as last left mean by the parties

  9. Important to know : In accord with international norms requirements, mediators must obtain following knowledge: Principlesand goals of mediation Behaviorandethics of amediator Stages of mediation process traditional conflict resolution andmediation Signs, structure, resources of mediation Legislative basis of mediation skills, communication techniques, leading negotiation Skills and mediation techniques Specifics of various mediation types

  10. Important to know : Specifics of mediation conduct depend on the nature of conflict: Family mediation Commercial mediation Labour mediation School mediation mediationin religious sphere mediation corporative management mediation in environmental issues

  11. Why not approach amediator? • In accord with research by International Mediation Procedures Center, individuals and legal entities who never before used mediation as a tool for conflict resolution, mainly hadn’t approached it, because: • Did not have sufficient information • (22% respondents), • 2. There was no offer of mediation procedure (22% опрошенных), • Was not accepted by the other party • (23% respondents).

  12. mediation в мире (нужен ли этот слайд???) • Аustralia considers mediation as a main method for conflict resolution while litigation is considered as an alternative. • International organizations successfully introduced and utilize mediation. For example, World Intellectual Property Organization (WIPO) has its own Center of effective conflict resolution in its field. • Starting from 1999, European Council had adopted a number of Recommendations regarding mediation in family, criminal, administrative and civil cases.

  13. International Perspective UN Commission on Right for International Trade Right (UNCITRAL) European Council World Trade Organization (WTO) JAMS CEDR MEDAL

  14. EU Guideline on mediation Adopted on May 21st, 2008 - Officially recognizes importance of mediation in access to justice - Gives the right to courts to invite parties for mediationwith no violation of national laws - Allows parties to come to a legally binding agreement - Prevents mediators from an obligation to act as witnesses - Justifies temporary limitations in case when parties decided to use mediation - Encourages development of institutions to trainmediators; ethic codes and development of online mediationinformation

  15. ADVANTAGES ( IN FIGURES): • In 80% сases commercial mediationtakes place within one day. • Almost in 90% cases partiers find a solution which suits everybody. • 70% of all agreements are implemented during 2 months. • In 20% сases certain difficulties occur during implementation. Which are possible to resolve. • To compare: In Kazakhstan court decisions are implemented in ___% (no data available)

  16. Thank you!!!

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