Frequently asked questions

 

The Peace Practice

What is mediation?
Mediation (or ADR or ODR) is a method of resolving disputes by a neutral professional, who conducts the negotiations with the object of achieving for the parties maximum results in consideration of their underlying interests.

What does the process consist of?
After establishing the nature of the conflict an appropriate resolution method is chosen by the mediator. This could be for example classic mediation; in some cases it might be more appropriate to approach the matter in a different way, e.g. by Conciliation (shuttle diplomacy) or Co-mediation (two mediators). After the Statute and the Mediation Agreement are signed and exchanged, the process takes shape. In a number of secure, live online sessions (or email exchange, as the case may be) a mutually accepted resolution is negotiated. The result is laid down in a Resolution Agreement. The Peace Practice issue a Final Certificate, which marks the end of the process.

What is the Mediation Agreement?
The Mediation Agreement details the rules and regulations governing a specific mediation process. It is a contract between the parties and the mediator and is in part negotiable.

What is the Statute?
As the Mediation Agreement the Statute details the basic rules and regulations governing the general process. It's articles are non-negotiable.

What is the Resolution Agreement?
The Resolution Agreement details the results the parties have negotiated. The parties themselves decide if they want to make up such a legal document. Case need the mediator can provide a basic format. Parties could also delegate the matter to an independent lawyer.

What is the Final Certificate?
The Final Certificate is issued by The Peace Practice, certifying that the process has taken place (successfully or otherwise as the case may be), what was negotiated and what was its outcome. With this the process has formally ended.

What is laid down in the Minutes?
The Minutes are brief, written details of what was negotiated during a particular session. They could take the form of partial agreements. The parties could agree upfront that the Minutes are to be estroyed or declared redundant or invalid after the process is wrapped up. Otherwise the minutes serve as a reminder of how the process has developed so far.

What are consultants?
In some cases it may be expedient to ask independent professionals or specialists to give neutral advise. These could for instance be lawyers, tax consultants, etc.

What are the rules for the mediator?
- The mediator is no lawyer or consultant; s/he holds no opinions or points of view. S/he is independent, neutral and discreet and ever unbiased and openminded, maintains confidentiality, integrity and dedication. The rules for the mediator are stipulated in the Statute as well as the Mediation Agreement.
- Either party as well as the mediator can decide to discontinue the mediation process at any time.
- The mediator contracts to expedite the process with due speed.

What are the rules for the parties?
- The parties consciously enter into the mediation process voluntarily, in a spirit of open-mindedness, free negotiation and, for the duration and as far as possible, without prejudice.
- For the duration a cease-fire is observed by the adversaries: litigation is put on hold (except in reservation of rights).
- Furthermore the parties pledge to abstain from conduct and/or actions which can reasonably be expected to jeopardize the success of the process.
- Either party as well as the mediator can decide to discontinue the mediation process at any time. A time-table could eventually be agreed: the process must be expedited with due speed.
- The parties protect the mediator against claims from third parties in respect of consequences from the process.
- Of course it is also necessary for online mediation to have the technical means in place.

Can all conflicts be resolved through online mediation?
- There are a number of aspects influencing the outcome, for example the extent in which the parties are willing to come to a solution and their willingness to negotiate. There are of course exceptions, but it is never wise to a priori exclude the possibility that a good result through mediation is possible.
- To mention a few applications: family problems, inheritance matters, labour disputes, policy matters between businesses, business partners or within management teams, mergers, grounded (trade) negotiations, consumer and insurance matters, marriage and relationship problems, custody conflicts and PTA matters, to name but a few. 

What are the legal consequences?
- Litigation is put on hold for the duration of the process.
- The process is confidential: all involved provide no information whatsoever to anyone (including courts, judges, arbiters, etcetera) of what is said, written or produced during the process.
- The legal implications vary of course from country to country. In some countries it is under circumstances possible to agree matters, contrary to standing jurisprudence. There is however a stipulation in the Mediation Agreement that persons involved in the process cannot be called to witness in future related cases.

What are the costs?
- The costs of a mediation are composed of the remuneration of the mediator, plus VAT and other taxes when and where applicable.
- The mediator is prepaid by the hour, starting from the formal beginning of the process (acceptance of Statute and Mediation Agreement) upto and including the issue of the Final Certificate.
- The rate depends on the nature of the dispute and is agreed prior to the start of the process.
- The costs are in principle borne by all parties in equal part, unless otherwise is agreed.
- The remuneration of eventual consultants is borne by the beneficiary (sometimes this is just one of the parties), unless otherwise is agreed.

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               SurfGopher