Mediation

Law firm Asphaleia employs professional mediators meeting the requirements of the Federal Law ‘On the alternative dispute resolution procedure involving a mediator (mediation)’ №194-FZ of July 27, 2010.  

Mediation is based on the following principles:

• Voluntariness - mediation can take place only if the parties came to negotiate voluntarily and are ready to negotiate. Voluntariness is also evident in the fact that the parties and the mediator have a right to leave the mediation any time, without explaining the reasons; decision is made by the parties themselves, the mediator only organises these negotiations.

• Neutrality (scrupulosity, impartiality) - mediator is a neutral assistant, not a judge, he gives no advice, makes no decisions, treats the counterparts equally (he has no interest in any party’s win).

• Equality of the parties - parties have equal rights during negotiations and decision-making.

• Confidentiality - parties of the negotiations are guaranteed that mediator will keep all the information obtained during the negotiations confidential; negotiating parties decide whether they need confidentiality, what information should kept confidential and which way.      

Mediator is not responsible for the decisions made by the negotiating parties. He only organises the process, which is a key difference between mediation and litigation, where the decision is made by the judge.

The mediator’s main objectives are to create favourable psychological climate and conditions for constructive dialogue, allow the parties of the conflict to explain their positions, identify the actual interests of the parties, find common ground and, finally, help parties reach the agreement.  

Our mediators are ready to assist the parties in finding the agreement on the contentious issues.