What is mediation?
Empowering solutions through constructive and guided dialogue: Mediation.
Mediation is a voluntary and confidential process where a neutral third party, known as a mediator, assists disputing parties in reaching a mutually acceptable resolution. The mediator facilitates communication, helps clarify issues, and guides the parties through negotiation to find common ground and craft solutions that address their needs and interests. Mediation is often used in various contexts, including family disputes and business disputes. It empowers parties to maintain control over the outcome and fosters constructive dialogue, ultimately aiming to preserve relationships and avoid the adversarial nature of litigation. Parties may withdraw, unilaterally, from the process at any time.
When an agreement is reached, it is binding on the parties in the same way as any other contract, and may also, under certain conditions, be confirmed by the courts.
What is the main difference between mediation and arbitration?
The main difference between mediation and arbitration is the fact that arbitration leads to an enforceable decision, whereas mediation, when it is successful, ends in an agreement between the parties. It is important to draw the parties’ attention to the voluntary character of the agreement. The success of the mediation is in the hands of the parties, who are free to accept or reject any solution that is proposed. In essence, mediation focuses on reaching a mutually acceptable solution, while arbitration focuses on rendering a decision to resolve the dispute.