Mediation is a dispute resolution tool for civil and commercial matters that enables individuals or businesses to manage their conflicts in an informal and confidential environment, within short timeframes and at reasonable costs.
It is conducted by an impartial third party (the so-called Mediator) and is aimed at assisting two or more parties in:
- seeking an amicable agreement for the settlement of a dispute,
- formulating a proposal for its resolution.
Advantages of Mediation
Mediation is a form of dispute resolution characterized by speed, simplicity, confidentiality, and cost-effectiveness:
- it is fast: the time between the filing of the application and the first meeting between the parties is short;
- it is confidential: all participants in the procedure are bound by confidentiality with regard to everything that emerges during the process; furthermore, any statements made or information obtained in the course of the procedure may not be used in any subsequent judicial proceedings in any manner whatsoever, unless with the consent of the declaring party or the party from whom the information originates;
- it is cost-effective: compared to ordinary court proceedings, the costs are limited and in any event predetermined.
Types of Mediation
Through mediation, civil and commercial disputes concerning disposable rights may be resolved, such as, for example: condominium-related issues, real property rights, partition, inheritance disputes, family agreements, lease and rental agreements, loan for use, business leases, damages arising from medical and healthcare liability, damages from defamation, and insurance contracts.
Enforceability of Mediation
The record of the agreement, signed by the parties and any participating lawyers, constitutes an enforceable title for compulsory enforcement, for delivery and release, for the enforcement of obligations to do or refrain from doing certain acts, as well as for the registration of a judicial mortgage.
