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1. What is mediation?

 

Mediation (from lat. “mediare” – to mediate) – an extrajudicial method of resolving disputes with the help of a neutral and impartial third party - mediator. Mediation is the most mild form of alternative dispute resolution. During the mediation proceedings the parties involved in the conflict independently come to a mutually beneficial solution.

 

2. How does mediiation help to resolve a conflict?

 

Mediation process takes place in an informal atmosphere and helps to look at the problem from different viewpoints, to determine the real interests of the disputants. Thereafter, the parties reach a mutually acceptable solution, which increases guarantees of performance, as has been achieved voluntarily.

 

3. What are the responsibilities of a mediator?

 

To be neutral, to help achieve the parties mutually beneficial solutions, not condemning any of the parties. Not to be interested in the outcome of mediation. To lead and control the process of mediation, creating a safe environment.

 

4. Who can be a mediator?

 

A mediator can be any physical person chosen by the parties, or a certified mediator who was trained and received a certificate in accordance with the regulations.

 

5. Mediation House of the Riga Arbitration Court. What is it?

 

Mediation House of the Riga Arbitration Court is a nonprofit structure of the society "Association of Alternative Dispute Resolution", which is designed to provide all interested persons with the mediation process.

 

6. In what cases one should go through the process of mediation?

 

The process of mediation is applicable in all areas and is recommended for the resolution of disputes and conflicts, in order to preserve and maintain good relations between the conflicting.

 

7. How long is the mediation process?

 

Term of mediation depends on the parties of the mediation process themselves. Mediation process may end up in a single meeting, or may take longer, but not longer than six months.

 

8. What are the advantages and disadvantages of a mediation process?

 

Mediation saves time, money and emotional strength of the disputants. During the mediation the parties themselves can change the procedure of the process and establish a more convenient procedure for individual meetings. Mediation is focused not so much on the conflict and finding out who is right and who is wrong, but on finding mutually beneficial solutions.

 

9. Who participates in the process of mediation?

 

In mediation participate the parties involved, going through the mediation process, the mediator or several mediators (if the parties have agreed on a process of joint mediation). Also, with the consent of the other parties to the mediation, lawyers and accompanying persons may be involved.

 

10. How is the mediation process held?

 

Parties meet with the mediator in a specified location. It is the responsibility of the mediator to inform the parties about how the process will take place, as well as about the rules and responsibilities of participants. Further, each side explains the situation and offers a topic for discussion. After that, the mediator clarifies interests of the parties, and the parties begin to find mutually beneficial solutions. On the proposal of the mediator and the parties' consent process can also be carried out individually with each party (individual session), or jointly to find mutually advantageous solutions. At the end, the mediator can help the parties to make an agreement on the results achieved.

 

11. What is required to start the mediation process?

 

One of the parties submits a proposal for a mediation process to the Office of the Mediation House of Riga Arbitration Court. The Office sends this proposal to another party. If the other party does not object, the first party submits an application, an agreement with another party on the mediation process and a proof of payment of administrative expenses and fees of the mediator. The second party sends a comment on the statement within 15 days. After that, documents are transmitted to the mediator, and he agrees with the parties on the first meeting within 5 days.

 

12. What documents are required to start the process of mediation?

 

If the parties have not previously agreed on mediation, a proposal to hold a mediation process is sent to the Mediation House of the RAC, which is sent to another party. If the parties have prior written agreement, an application for mediation is filed and submitted to the Mediation House of the RAC, as well as a payment order for payment of the mediation process. Other documents confirming the violation of the contractual relationship are not necessary unless the parties to the proceedings agreed otherwise.

 

13. What is different about the mediation process from judicial proceedings?

 

Mediation process begins with the consent of both parties, whereas the judicial proceedings start against the will of the other party. Court has governmental authority while mediator only helps to find a mutually beneficial solution. Mediation parties are aimed at cooperation, the judicial process works on system of cohersion. Judicial proceedings end in a procedural manner and by the decision of the court, the mediation process ends when either an agreement is reached, or each party has the right to unilaterally terminate the process.

 

14. What happens if one of the parties does not comply with terms of the agreement, which was concluded in the process of mediation?

 

The agreement concluded in the process of mediation is a legal document and is binding. This document can be used as evidence in the court, which will be evidence of bad faith of the second party, if an agreement is not executed. Or, if the agreement is in the form of a notary deed signed by a notary, it will help to get a writ of execution for penalty.

 

15.What are the prices for organization and conduct of mediation in the Mediation House of the RAC?

 

The applicant for the mediation process pays 100 Euro - payment for clerical work, which in the subsequent conduct of the mediation process shall be included in administrative costs. The amount of administrative costs and fees of the mediator depends on the sum of dispute and the number of mediators. If the other party does not agree to mediation process, the amount of paperwork is not refundable.