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Mediation is an increasingly recognized way of resolving disputes and reaching agreements. The standards for conducting mediation are set by the Social Council for Mediation. The Ministry of Justice’s Advisory Committee on Alternative Dispute Resolution, which is an advisory body to the Minister of Justice.

Mediation is a dialogue between parties, guided by a mediator so that the parties can hear each other and agree on the best solution to the conflict.

About the mediator

The mediator does not force the parties either to mediate or to reach an agreement. All decisions regarding the conflict are made by the parties.

The mediator does not evaluate or decide the outcome of the mediation, but accompanies the parties in resolving the dispute. A settlement signed before a mediator is valid and has the force of a civil law contract.

Unlike a judge or arbitrator, the mediator does not decide on the right of either party. The mediator’s role is to support the ongoing negotiations between the parties. The mediator moderates the conversation, uses tools that allow the parties to understand opposing rationales, speak out, and check the reality of proposed solutions.

• is the lack of complicated formalities
• enable quick resolution of conflicts
• provide a comfortable atmosphere in which the parties seek solutions to the dispute
• end with a settlement, meaning that the parties to the conflict decide for themselves what they will agree to
• allow the parties to retain control over the process itself, as well as the content of the settlement
• enable the secrecy of everything related to the conflict
• influence the maintenance of good relations between the parties despite the existing conflict
• allow each side to save face.

Mediation, no matter what type of dispute it involves, is always guided by the same principles.

They are:

The FREEDOM to participate in mediation

Voluntariness means that either party can refuse to participate in or withdraw from mediation, no matter what stage the talks are at.

BEING impartial to mediation participants

The mediator does not take sides and is equally committed to helping each side.

Parties have equal rights and are treated equally. The mediator shall beware of bias or showing prejudice and judging the parties based on their background, education, age, gender or behavior during mediation.

NEUTRALITY to the subject of the dispute

The mediator is neutral to the subject of the dispute. He does not impose his value system, worldview, does not give advice, does not convince and does not express his own opinion on matters that concern the parties. He does not evaluate the proposals submitted by the parties, does not make decisions, but accompanies the parties to independently agree on the corresponding arrangements.

The responsibility for resolving the conflict and for the shape and content of the agreement rests with the parties. The mediator does not evaluate the solutions adopted by the parties and accepts what the parties consider appropriate in their situation (including disagreement).

CONFIDENTIALITY of mediation

Both the mediation and its process and results are covered by secrecy. This means that without the consent of the parties, the content of the conversations and the information given do not get out of the circle of people participating in the mediation. They may not be transferred to any institution or individual.

The mediator shall not disclose to anyone the information he or she obtains during mediation except for the offenses listed in Art. 240 of the Penal Code.

The parties to the conflict may exempt the mediator from confidentiality.

ACCEPTABILITY

The person of the mediator is accepted by both parties to the conflict.

The principle of acceptability also refers to the principles and rules of procedure, which should be agreed upon at the beginning of meetings and accepted by both parties.

he will meet with the parties at a time convenient to them.

Mediation is carried out on the university’s premises in a room that ensures the confidentiality of the process, or, if requested and by mutual consent of the parties, using instant messaging or by teleconference. It is also possible to conduct mediation without a mediation meeting through the exchange of letters, e-mails, by telephone.

Mediation consists of several stages. It begins with the mediator contacting the parties and obtaining their consent to mediation. During the first conversation, which is informative, a party can ask about the mediation process and everything related to it.

At the first meeting with the parties, the rules are introduced, the purpose of the mediation is presented and the mediator’s work with the parties on finding a solution to the conflict begins.

During mediation, individual meetings are held with each participant, during which the feasibility of proposed solutions is checked.

Once the settlement agreement is written and approved by the parties, it is signed by the parties and the mediator.

Meetings are private, take place in a friendly atmosphere, and are not recorded. Written documents formulated in the process are archived and stored in accordance with the provisions of the RODO. Any mediator’s notes taken during the mediation shall be destroyed at the end of the mediation.