When and how appeal to mediator?
The mediation process is organized and led by a mediator. So we can resolve any dispute through mediation we need the specialized services of a mediator.
Any dispute arising aimed relationships:
- Contracts , ş.a.m.d,
can be solved not only by judicial procedure, but also through the mediation procedure.
Hal Abramson, author “Mediation Representation: Advocating in a Problem-Solving Process”, suggests that the following types of disputes are suitable for mediation procedure particularly:
• When the parties have conflicting views about the facts or the law (regulation) ;
• When the parties are forced to express strong emotions;
• When Parties yearn for the opportunity to be heard directly by the other party;
• When customers or their legal advisers and lawyers can not have an effective and efficient communication without the assistance of a competent mediator;
• When the parties have negotiating skills and need to structure the negotiation process and negotiating experience offered by a mediator;
• When there is a conflict between a party and its counsel or its legal advisor.
Christopher Moore, partner "CDR Associates", mediator of 1979 and author “ The Mediation Process: Practical Strategies for Resolving Conflict” consider, also, and these factors:
• Parties are very intense emotions and prevent regulation;
• Communication between the parties is poor both quantitatively, and quality and the parties can not change the situation by themselves;
• False perception and stereotypes hinder the exchange of ideas and productive solutions;
• negative behaviors and / or creates barriers to address repeated denial;
• Disagreements on data, facts and / or evidence, preclude the collection and evaluation;
• The many aspects dispute aloof parties agreement on reordering and / or their combination a manner that they would be resolved;
• The parties perceive their interests as incompatible;
• The parties have not negotiated procedure, using an incorrect procedure or use smart proceedings;
• Parts are not acceptable for negotiation framework;
• Parties have difficulties to start negotiations;
• The parties have reached an impasse in negotiating a difficult process.
Paula M. Young, Associate Professor at the "Appalachian School of Law" in Virginia where he teaches negotiation, mediation in civil disputes, arbitration and dispute resolution system design, wants to throw in the following situations in which the parties:
• They need to protect reputation, goodwill, trade secrets or good name through a confidential process;
• Seek to avoid the emotional and psychological fatigue of a trial court;
• Seek to avoid confusion, specific business especially in the present case, a court action;
• seek to avoid the costs of a trial court;
• They need a faster resolution of their dispute;
• I can not accurately predict the outcome of a judicial;
• They need more than a dezdăunare or court;
• Search for a kind of compromise rather than a solution like "winner- loser ";
• I want to retain control over the outcome;
• Seek to avoid the decision of a judge biased, destroyed or slouch;
• They can not afford the cost of distinguished lawyers but expensive, of experts or other representation in a lawsuit.
To find a mediator you have the more opportunities:
- website Mediation Council is published Authorized mediators (http://www.cmediere.ro/mediatori/) ; to get the correct information for efficiency, would be better to select and choose a mediator in your county. Although mediators are not dependent on a jurisdiction, you so you can choose any mediator in the country, It is more convenient to contact your nearest; panel includes contact details - address, telephone number, e-mail;
- at the court can find panel display mediators in the county or local authorized;
- Internet, searching search engine Google "mediation" and "mediator", have access to information about mediation and mediators. You can also consult websites mediators;
- asking knowledge, friends, that you know have been to mediation, The mediator's name they worked.
Once elected, mediator can contact by phone or email to set up a meeting with him, fixing the exact date of this meeting.
At this meeting the program can go only part or go all parties. It is advisable to inform the mediator on this issue so you can take the time you need.
If the first meeting with the mediator only part, is signed contract premediere. This contract allows the mediator to contact and invite the other party to the meeting on the benefits of mediation or to attend mediation.
If the warring parties come together and informing choose mediation mediator, are scheduled mediation session.