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"Никчемы": принимаете ли вы меры, направленные на упреждение квалификации налоговыми органами хозяйственных договоров в качестве ничтожных:
 
Главная Mediation

Settlement of conflicts by means of administration of negotiations

QUICKLY, ECONOMICALLY, CONFIDENTIALLY

You have any disputable relations?  You think that someone violated or is going to violate your legal rights or interests? A question about choice of advocate and judicial protection is put before you?

Don`t be in a hurry!

Yes, you need an advocate, and you need him very much.

But, first of all, try to understand, for what exactly you need him at this stage.

A good lawyer may be necessary for you to receive qualified consultation concerning disputable relations and to understand your real legal situation.

But don`t hurry to conclude agreement about protection of your interests in courts, if there is no case in it. May be, there is a possibility to solve the problem in other way?

Weigh the pros and cons of disputes in the court.

And compare with the pros and cons of peaceful settlement of the dispute.

You will surprise to discover striking difference for benefit of the second variant.

Remind old wise proverb: «A bad peace is better than a good war."

Today`s judicial settlement of disputes – is a very long and often unjustified process. This process is accompanied by stresses, moral experiences, disappointments that often lead to deterioration of health, and also relations with relatives, friends and partners.

Instead of entering into suits you have a possibility to apply to a specialist in peaceful settlement of conflicts.

Mediation is an alternative form of conflicts settlement with participation of third neutral, impartial party, not interested in this conflict – mediator who helps the parties to elaborate definite agreement concerning a dispute. Meanwhile, the parties fully control decision making process regarding dispute adjustment and conditions of its settlement.

Mediation is based on the following principles:

- voluntariness,

- confidentiality

- взаимоуважение,

- mutual respect,

- acceptance,

- neutrality and impartiality of mediator,

- procedure transparency.

You can be completely sure in your talents and abilities to hold any negotiations yourselves. But, as a rule, without assistance of professional mediator who owns special skills of negotiation administration, you have very little chance to adjust a conflict.

Adjustment of conflict with participation of mediator allows to come to agreement more quickly that corresponds to mutual interests and to preserve business relations with your partners, relatives, even if such result seemed impossible earlier.

As opposed to a court - mediation:

- in accordance to the parties` wish, a process itself or information, connected with it, can be confidential (closed);

- all procedure, as a rule, continues in ten times more quickly;

- participants are not forced to one or another decision;

- participants of the dispute can adjust a conflict completely, partially or refuel from acceptance of agreement;

- participants can control the course of process and its final result;

- documents for  facts proof are not needed;

- agreement should obligatory correspond to you and your opponent.

When mediation can be useful?

-  commercial conflicts , divergences in contractual relations between companies, and also between citizens;

-  industrial disputes;

-  conflicts, connected with privatization;

-  corporate conflicts;

- conflicts, arisen from matrimonial relations (severance, determination of children` place of residence);

-  conflicts with adjacent owners of property;

- conflicts, arisen from relations with banks, insurance companies and other sellers of goods, works and services.

Mediation procedure consists of:

- a meeting of  conflicting parties is organized on neutral territory under presidency of mediator;

- parties familiarize with mediation rules that are accepted fully or with alterations, made upon mutual consent;

- mediator finds out positions and interests of each party (can be confidential separately with each party);

- all interests and wishes are discussed;

- all variants of agreement, submitted by the parties, are considered;

- mutual decisions and made and agreements are elaborated according to current legation;

- disputable questions, on which agreement is not concluded, are researched;

- variants of agreement on the rest questions, are elaborated;

- assessment of these variants and decision making on them;

- elaboration of mutual agreement on separate elements of  disputable relations or on all disputable relations.

When usage of mediation is not rational

- if one of the parties proposes to achieve better result by forceful or legal methods and  further relation with other party doesn’t interest it;

- if one of the parties wants to punish or to teach another party;

- if one of the parties refuses to come to agreement.

All these motives lead you to serious moral, financial and other serious losses. It is never too late to reconsider and to revalue your wishes and goals even if a dispute in the court is in full blast.

Remember that transfer into mediation - reflection of force and internal culture of person.

Apply to services of our mediators.

Value your time, health and money.

 


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