PRE-TRIAL SETTLEMENT OF DISPUTES (MEDIATION)
An effective mechanism for pre-trial settlement of disputes is mediation, which is currently actively developing in Ukraine.
Mediation is a method for resolving disputes involving an intermediary (mediator), which helps the parties to the dispute to establish a communication process and analyze the conflict situation in such a way that they can independently choose a solution that will meet their interests and meet their needs. Unlike a formal judicial or arbitration process, mediation allows the parties to reach agreement by themselves – the mediator does not make a decision for them.
The very existence of a third independent party in the mediation procedure is fundamental – creating conditions for an independent search for a decision in a dispute. The mediator organizes the negotiation process to help identify and analyze the true interests of the parties, which sometimes have much more importance than legal positions. Because the parties are not always ready to talk to each other about their own priorities, they often cannot reach agreement without such an assistance.
Legal services in pre-trial settlement of a dispute: • studying the dispute materials, legal assessment of the arguments of the parties and the dispute’s pre-trial and judicial perspective;• development and discussion of a strategy for pre-trial dispute settlement;• negotiation with the other party;• preparation of motivated claims, applications, warnings and other documents related to both civil and commercial disputes.