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Mediating company


(originally Latin “mediare” meaning “acting as an intermediary”) is a procedure of reaching a settlement between conflicting parties. To achieve this, the parties are engaged in a deliberate negotiation where a third neutral party (mediator) also participates in order to facilitate mutual understanding and to draw up a contract that resolves the dispute. Mediation has existed for centuries in multiple forms; nowadays, in its modern interpretation, it has been in high demand for several decades in developed countries. According to statistics, most mediated disputes (that is, over 80% of all disputes) are resolved with a settlement agreement.

Traditionally, mediation is a procedure when conflicting parties choose a neutral intermediary who helps them reach a mutually satisfying solution to the problem, based on the parties` interests rather than their positions.

Mediation is especially efficient when interpersonal relationship has to be restored or preserved, because maintaining this relationship is mutually beneficial; relationship between business partners is a good example. Mediation as a way of resolving conflicts can be applied to, and is being successful, in all spheres of our life: relationship with clients, competitors, between employers and employees, etc. Mediation is also effectively used in relationship between international legal entities; in other words, this way of settling disputes is widely used on the international level. Mediation is becoming increasingly popular in bankruptcy proceedings and crisis management of companies, because efficient mediation is essential when a party has to safely go out of business – a situation that often causes serious conflicts and has negative consequences.

Mediation has a lot of substantial advantages:

Voluntary participation

Mediation only takes place if the conflicting parties have entered the negotiation on a voluntary basis and desire to reach mutual understanding and settlement agreement. Unlike the power method of resolving conflicts, mediation helps to balance interests of the parties in such a way that the interests retain their value, and possible negative consequences are avoided.


Pursuing litigation, parties have to accept the necessity to make the details of their conflict public. In mediation process parties enter into agreement of confidentiality, which guaranties that the conflict won’t be disclosed to any other party. Parties themselves decide whether they need confidentiality, what information they agree to keep confidential and in what form.


Being neutral is a key feature of a person who manages mediation process. Mediator is never personally interested in the outcome of the dispute. Mediator acts as a neutral assistant rather than a judge; mediator never gives recommendations or makes decisions, and is equally impartial towards the parties (that is, they are not interested in prevalence of either of the parties). The mediator`s aim is to harmonize conflicting parties rather than to rule in favour of either of them.

Legal equality of the parties

All parties involved have equal rights in negotiating and decision-making.

Time to conflict resolution

Mediation takes considerably less time than litigation, entry of decision into legal force, or enforcement proceedings. Unlike resolving a dispute in court, with mediation, time to the settlement depends entirely on the conflicting parties and not on bureaucracy or state institutions.

Success of mediation depends on the degree of trust that parties have for the mediator. The essential quality for mediator is their mediation skills, and full acceptance of the concept of mediation, which requires professional training. Another key for success is a mediator`s unique position in relation to the parties.

While establishing trust relationship with the parties and talking confidentially with them, a mediator learns a lot and is therefore better informed than any of the parties; this knowledge allows the mediator to build up an optimum strategy of negotiation without revealing the confidential information to the parties about either of them.

The specific character of our company`s activity allows us to competently settle disputes during implementation of technological projects.


Выявление предпринимательских рисков

Предлагаем услугу Due Diligence, которая поможет выявить, избежать или максимально снизить существующие предпринимательские риски.