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mediation, negotiation coachingWhat is mediation?
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mediation, negotiation coachingWhen does mediation make sense?
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mediation, negotiation coachingMediation or arbitration?
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mediation, negotiation coachingMediator: who is he/she?
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mediation, negotiation coachingMediator: who is he/she not?
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mediation, negotiation coachingHow will I benefit from mediation?
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mediation, negotiation coachingWhat is mediator's role?
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mediation, negotiation coachingWhat can I do if my case is already in court?
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mediation, negotiation coachingWhat can I do if the other party is unwilling to mediate?
 
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               FAQ    

What is mediation?
Mediation is a proceeding in which an impartial third party (mediator) helps two or more conflicted parties discuss a dispute and work towards a solution that is acceptable to all parties. Participation is voluntary by all. Mediation is successful especially in cases where the parties have had a long-term relationship or a long cooperation.

When does mediation make sense?
- when the parties are willing to keep a good relationship in the future,
- when a constructive discussion is needed instead of a destructive argument,
- when there are several layers of a conflict,
- when the parties want to decide together how to solve the conflict,
- when the parties want to work together towards a solution, but are unable to communicate.

Mediation or arbitration?
The conflicted parties going to arbitration confide their future to an arbitrator who -- having heard the case -- issues a verdict. Not only does the arbitrator control the procedure (the course of the meetings), but also the grounds of the case, therefore the parties have no influence on the arbiter's decision, but are committed to comply with it. The only difference between arbitration and regular legal proceeding is that it is faster. It does not matter whether the parties accept the verdict issued by a judge or arbitrator; in both cases, i.e. in the case of a court proceeding and arbitration, there is a loser and a winner. That is why neither a lawsuit nor the arbitration can solve the existing conflicts; on the contrary, they very often become a source of further conflicts.

In mediation, however, the parties decide together what will be the subject of mediation, therefore first of all they define the scope. Secondly, throughout mediation the parties work towards a solution taking into account their interests and needs - there is neither place nor time for it neither in court nor in the arbitration. As a result of mediation both parties win, because it is them, and not a judge or an arbitrator, who create the solution. The final solution is lasting because the parties are satisfied with the outcome, the satisfaction stemming from the sense of control over the outcome. For this very reason is mediation recommended as a proceeding giving the parties unique opportunity to shape the future by deciding themselves what the agreement is going to be like.

Mediator: who is he/she?
A mediator is:
- - an impartial and neutral third party,
- appropriately trained and having the interpersonal skills, who supervises the communication process between the parties and helps them get to the optimal solution that is satisfactory for both sides

Mediator: who is he/she not?
A mediator is not:
- a judge- he/she does not decide upon who is right or wrong nor issues a verdict,
- a lawyer or representative of the parties,
- psychotherapist - mediation is not a therapy!

How will I benefit from mediation?
Properly conducted mediation has numerous beneficial effects:
- The conflict does not escalate any further, which is often the case as a result of a lawsuit;
- The parties do not pay high fees like in court, mediation being much cheaper and far more effective;
- The conflict or a dispute is solved quickly and effectively (in most cases it takes only a couple of sessions);
- Relationship between the parties gets normal.

What is the mediator's role ?
Mediator's role:
- help the parties define their interests, therefore
- help the parties work out a lasting and satisfactory solution,
- watch the course of the meeting (mediator is a "guard of the proceeding"),
- remain impartial and neutral to the parties and the subject of dispute,
- guarantee transparency of the proceeding.

What can I do if my case is already in court?
Even if your case is already in court, you can actually influence the verdict! If you submit to the court an agreement accepted by and satisfactory to both parties, the court can be relied on to take it into account.

What can I do if the other party is unwilling to mediate?
It takes two to mediate. If the other party in the conflict does not want to mediate, when you want to try to solve your conflict by yourself or learn how to apply mediation techniques in negotiations, we suggest you consult a coach)

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