General procedural information on addressing disputes through mediation.
General scope
Mediation is an alternative dispute-resolution method in which parties discuss their dispute with the assistance of an impartial third person. Whether mediation is a prerequisite for litigation or voluntary may have different consequences for the application and subsequent steps.
The mediator does not decide the dispute; the will to reach a solution belongs to the parties. The scope of the process, confidentiality rules and the effects of an agreement are assessed according to the particular dispute.
Main topics
- Mediation as a prerequisite for litigation
- Voluntary mediation
- Application and invitation process
- Negotiation and confidentiality
- Final record and settlement agreement
Points for initial assessment
Identify the process type
Distinguish mandatory pre-action mediation from voluntary mediation.
Check representation and authority
Examine participants’ representation documents and authority to settle.
Draft the text carefully
Clarify the scope of the record and agreement before signing.
