Tarasa Shevchenko
blvr, 31, of.8

Kyiv, 01032, Ukraine,
(044) 235-85-75
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Extrajudicial dispute resolution (mediation)

Who we are > Practices > Extrajudicial dispute resolution (mediation)

       Based on our many years of law practice, we know that the extra-judicial settlement of disputes (mediation) is an effective tool for resolving the existing issues between the parties. The achievements of mutually beneficial agreements in the mediation procedure let to avoid the additional costs of the proceedings and to get the the intended effect as accurate as possible.

       It should be noted that mediation is a process during which the parties of a dispute meet with a neutral third party (mediator), who carries out through its competence all necessary measures in order to achieve mutual understanding by the parties in the dispute. In addition there is a very important aspect  that the interests of the parties are focus of efforts, not the legal position or claim. In the implementation of the mediation, the parties of the dispute find solutions by themselves.

       One of the main functions of the mediator is to structure the process of negotiation and reconciliation.

         In contrast to the negotiation process in the course of mediation there is a neutral third party which provides the structure of a process and actions, which are aimed at assisting the parties in the realization of their positions, interests and wishes. In mediation the decision of the parties fully satisfy the interests of the parties, since the parties of the conflict clearly indicate their interests and  mediator checks the decision of the parties against their interests.

         Our attorneys have repeatedly been able to settle disputes on favorable terms for the client, without bringing the case to court, in the negotiation process, but not always the parties were ready to negotiate. One of the parties may have a strong legal position and this can lead to nonfulfillment of the agreement in the future, also it is possible a breach of confidentiality of the agreement of the parties as against a mediation.

      Extra-judicial settlement of disputes will also be effective to solve your problems if one party violated its obligations under the contract and the client wishes to maintain normal relations with it.

      During the implementation of mediation procedures the following types of disputes are possible to resolve:

- Household (out-of-court settlement of commercial disputes)

- Tax (out-of-court settlement of tax disputes)

- Civil (out-of-court settlement in civil proceedings)

- Labor and family disputes.

       

     It is important to note that the mediation procedure may implement at any stage of the conflict.

       The mediator, we can recommend, will organize and conduct mediation procedure on the basis of the following principles of mediation:

• Confidentiality - everything that happens during the implementation of the mediation is confidential;

• Voluntary service - a fundamental principle of mediation. The parties themselves take the decision to participate in the mediation themselves, in the course of the meeting, in the achievement of agreements and their implementation;

• The independence of the mediator (neutral) - the parties themselves choose and agree on a mediator. The mediator is an independent side from the participants of the process;

• The flexibility of the procedure - the mediation procedure may be terminated at any time upon an initiative of parties;

• Equality of parties - the parties are ensured by equal opportunities in the discussion.

 

         If the negotiation process could not be applied to settle the dispute for some reason, the inevitable next step will be mandatory trial. If the client wants to resolve the issues avoiding court settlement of disputes, we recommend to use the services of mediators, our law firm cooperates with and we can recommend them  as a professional, independent experts.

         Mediation has a clear advantage over the court - it focuses not on the conflict, and on its positive decision. Therefore "Skliarenko, Sydorenko and Partners" Attorneys-at-Law has achieved for its clients a significant number of successful solutions in the field of out-of-court settlement and the introduction of mediation in our view will be even more effective tool to resolve any disputes.

       This mediation has significant advantages over other forms of dispute resolution, such as saving time and money, a decision making by the parties themselves rather than third parties (court, arbitration etc.).

       Within the practice of extra-judicial dispute resolution (mediation) is performed:

- Ensuring the trust of the parties to the mediator and the mediation procedure;

- Ensuring the neutrality of the mediator, which is his reputation;

- Preparation of documents necessary for mediation procedures;

- Carrying out mediation;

- Check for the reality of performance agreements and satisfaction of the parties with the results;

- Documentation of the agreements reached (mediation agreement, the results of which experts of the parties or the parties implement the agreements reached in the legislative environment).

 

Key partner – Andriy Sydorenko 

Tel: +380 44 235 85 75

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