When a conflict arises, we can let things escalate to the breaking point and resort to the courts or decide to mitigate the conflict by hiring a specialist to help us negotiate a fair agreement. Why not suggest to the other party that they go to mediation before it is too late!
What is mediation?
Mediation is an amicable process of resolving disputes that requires the consent and participation of all parties. The parties must be willing to resolve the dispute between them amicably by finding a solution that will, as far as possible, be to the advantage of all: the famous acceptable compromise that will avoid a long and costly trial.
The mediator
The mediator is not a judge or an arbitrator: he has no saudi-arabia business email list decision-making power and cannot force the parties to comply with the law or tell them what would be best to do. At all times, he must remain neutral and impartial. This means that he does not represent either party and does not give any advice. If you need advice, his role is to direct you to specialists who can give it to you. By agreeing to act as a mediator, the notary or lawyer renounces his role as legal advisor and only puts on his mediator hat.
To inform without giving an opinion or advice;
Ensure that everyone can express themselves and make their needs and interests known to the other;
Make sure everyone listens to what the other has to say;
Reformulate as needed for better understanding between the parties;
Take the means at his disposal to promote balance and equality in the negotiations.
Etc.
Ultimately, it is not the mediator who will have found the solution, it is the parties themselves. With the help of the mediator, the parties will have to identify their respective needs, define the subject of their dispute and develop acceptable solutions.
In what area does mediation exist?
The best known to the population is mediation in family matters, when couples separate and do not agree on one or more aspects of their separation. Otherwise, there is mediation in civil or commercial matters, such as:
A dispute concerning the interpretation of a shareholders' agreement or a supply contract;
A problem between a co-owner and the co-ownership union concerning certain decisions, disagreements regarding the interpretation of the co-ownership declaration, etc.;
Family friction during the settlement of an estate.
A fence chicane, etc.