Court proceedings can be long, costly and uncertain: companies need speed and security.
This is why the CCI France Azerbaijan has created its Mediation Center, selecting experienced and certified mediators to resolve disputes of companies. This powerful means of conflict resolution through negotiation is still little known in the country.
What is mediation?
Mediation is a procedural technique of conflict resolution by which people who have a dispute between them, or who wish to prevent it from happening, try to reach a solution. Mediation is either decided by the parties outside of any judicial procedure, or decided by the jurisdiction seized of a contentious conflict.
Definition: “A voluntary and structured process, facilitated by an impartial, independent and neutral third party (the mediator), which aims to enable the persons concerned to prevent or resolve a conflict situation”.
Who is the mediator?
The mediator is a qualified, neutral, impartial and independent natural person, with no power to decide on the merits of the dispute. The mediator’s mission is to hear the parties in conflict, to bring them together to confront their points of view and to help them reach a negotiated solution that is consistent with their respective interests.
What are the stages of mediation?
- Acceptance of the process
- Each party presents the facts from their perspective without interruption
- Mutual recognition of each other’s problems, return of dialogue
- Agreement on a solution
What are the advantages and limitations of mediation?
Advantages
- Short mediation time frame
- Inexpensive
- Impartial mediator
- Voluntary agreement
- Preservation of the relationship
- Confidentiality
- The amicable agreement, once approved by the court, has the value of a judgment.
Limitations
- the process must be voluntary, which means that all parties must agree to use it
- mediation cannot produce a precedent
