What the mediation is
The mediation is a confidential process in which people have the opportunity to resolve their differences, to sit together and discuss their issues with the help of a mediator.
At the beginning of the mediation session, the mediator will explain process, protocol and basic rules to the parties. While both parties will have the opportunity to dive into details, the mediator will moderate the conflict with a convergent approach, moving from the different views towards common elements, bringing in a technical competence in the open analysis of the case. The mediation offers the two parties an opportunity to express their own concerns/anxieties relating to the dispute and their contribution proves to be a key element to achieve a positive result.
More often than not, the process is concluded with an agreement that meets the needs of all parties and resolves the dispute with an extremely high level of efficiency, with a minimal bureaucratic and monetary effort, with a dramatic gain in time and energies. Alternatively, in case the parties cannot reach an agreement, the mediation will prove unsuccessful and the traditional procedure of the Tribunal or of the arbitration needs to be followed.
The goal of mediation is simply to reach an agreement and it is the result of a collaborative effort of all parties involved in the dispute.
Who the mediator is
The mediator is a neutral, impartial and independent person, who facilitates a contact between the parties, helping them to assess their divergences, to explore options for resolution and to negotiate a mutually satisfactory solution.
The mediator is able to assist the parties, ensuring them the opportunity to flag out their needs and develop a constructive dialogue within a climate of cooperation and respect. As a result of the synergies that develop around the table, all involved people are facilitated in generating alternative solutions which were hidden or which might have been discarded during analysis conducted separately. On the basis of our experience, the alignment on a satisfactory, fair, easily implementable and lasting solution in mainly self catalyzed by the material saving in terms of costs, time and bureaucratic workloads elements that should be necessarily overweighted entering any standard court procedure.
The mediator does not act as an advocate or attorney of any of the parties, does not provide advice, does not take a position, does not decide, does not suggest, does not evaluate, does not judge, he is a moderator, a professional specialized in mediation and negotiation techniques.
The mediation proceeding
The proceeding begins when a natural or a juridical person gets in contact with ADR MF by sending a request for resolving a litigation via mediation. Our group, after reviewing the case with care, will choose a mediator and inform the other counter party by sending an invitation to appear on a an agreed date for the meeting.
At the end of the session, in case a solution that protects the interests of both is found, the mediator will write an enforceable agreement signed by all participants.
The agreement is a contract, which ends the conflict and meets the needs of all. Everyone who signs the agreement will receive a copy. Participants can request additional copies on the same case at any time in the future (and/or review
the agreement if necessary).
The key point which brings two parties together to resolve a litigation via mediation is the possibility to reach quite rapidly an agreed solution that meets the interests of both, with a dramatic saving in terms of costs & time that would need to be invested in standard court procedure (whose verdict might be returned after long time and with unexpected outcome).
A mediation implies a much lower bureaucratic effort for both parties as well and its costs vary in relation to the value of the claim and the matter of the litigation.
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