Mediation is assisted negotiation in which the parties, with the help of a trusted third impartial person, seek a mutually acceptable resolution to their dispute. It is a voluntary and confidential process involving the parties and a neutral third party. Mediation is an informal and flexible procedure but still follows a certain structure.
Before deciding on court proceedings, consider mediation. Although mediation is often seen as an alternative dispute resolution method, it is actually the court process that serves as the alternative when negotiations fail. Mediation is not a substitute for courts but a substitute for unsuccessful negotiations.
What is the difference between conciliation and mediation?
There is no real difference. Various synonyms are used such as alternative dispute resolution (ADR), conciliation, mediation, arbitration, counseling, conciliation, and similar terms. While some distinctions may exist, in practice, these terms refer to what was described above. For the purposes of this explanation, further distinctions are unnecessary. Recently, the term "mediation" has increasingly replaced "conciliation," and I believe "mediation" is a much more appropriate term.
Which types of disputes are suitable for mediation?
The suitability of a dispute for mediation depends primarily on the willingness of the parties and their representatives, not the type of dispute.
Mediation vs. Court Proceedings: Comparison and Duration
Advantages of Mediation:
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Faster dispute resolution
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Opportunity to express strong emotions
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Being heard and understood by the opposing party
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Lack of communication skills among parties
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Threats to business reputation
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Avoiding court proceedings
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Fulfilling non-material needs
In some cases, court proceedings are unavoidable.
When is the ideal time to start mediation?
It depends on the case. Sometimes it is best to start immediately, sometimes after court proceedings begin, and sometimes when other options have failed. The most important thing is to recognize that there is a different way to resolve disputes. Judges will know when the right moment for mediation arises.
How long does mediation take?
Most mediations conclude during the first session, usually lasting up to three sessions. Duration depends on the parties and the mediator's skill. Sessions can last several hours, and the entire process typically takes days or weeks, rarely months. Mediation is often faster than court proceedings, which may last years.
According to a 2014 European Commission study, the average duration of court cases in Croatia was 566 days, while mediation lasted an average of 43 days. The Mediation Act stipulates mediation duration of up to 60 days.
Differences between litigation and mediation
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Litigation is public, strict, and formal; mediation is voluntary, flexible, and confidential.
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Litigation requires legal understanding, and parties have no influence on court decisions; mediation places parties at the center and allows them to express what matters most.
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Litigation decisions are based on legal facts; mediation solutions arise from parties’ interests.
Settlement in mediation
Settlements reached in mediation must not violate laws, morals, or third-party rights. The mediator ensures that the settlement meets these criteria so that it can be enforceable.
Preparation for mediation
Before the first session, prepare relevant dispute documentation and a submission outlining your position. Also, prepare confidential documents for the mediator. Reflect on how the dispute affects your life, what you want to achieve, and what you believe the other party wants.
Why agree to mediation if you believe you are right?
Mediation is not a sign of weakness but an opportunity for creative dispute resolution. Court decisions do not always fully resolve disputes, especially when the problem lies in communication and understanding between parties.