Mediation/negotiations

What is mediation in simple words?

It is not clear why, but Ukrainians are very afraid of the word "mediation" either because they do not know what it is, or because it sounds strange and repulsive in itself, or they confuse it with "media", thinking that it does not concern them. Our goal is to make it as simple as possible to convey to people that they use mediation every day without even realizing it. And by ordering this service from Paretto, you only have advantages.

Therefore, mediation is a voluntary process of negotiation with the help of a Mediator who is neutral and impartial. He is not a judge, not an arbitrator and not a lawyer. This is a person who organizes the negotiation process so that it is structured. A mediator has techniques that help negotiators understand each other, hear each other, and find a solution that satisfies both parties, without giving advice or solving the problem for them.

When should you use mediation or contact a mediator?

If you have a misunderstanding, dispute or dispute with a relative, family, team, neighbor, friend, business partner, colleague, any organization that provided you with services or sold goods, etc. The subject of the conflict can also be very diverse, for example: divorce - the spouses want to divide the property or decide with whom the child will live or the amount of child support, inheritance issues - the heirs cannot agree and divide the property, division of land between the parties, division of business between the owners, or conflict between the accountant and the director, or HR, conflicts at school between teachers, etc. The list is endless, just like the situations in our everyday life. The main thing is the desire of the parties to negotiate peacefully. Unfortunately, Ukrainians rarely sit down at the negotiating table and try to settle the conflict peacefully. As practice shows, everyone immediately rushes to the court, hoping that the judge will decide who is right and who is guilty, thus shifting the responsibility for making a decision to the judge. And there are often cases when the initiator of such an application to the court does not get the desired result, that is, in a loss. Mediation, in other words negotiations, is about something else, it's about an agreement, it's about finding a compromise, a solution. By the way, the use of mediation is a European approach to conflict resolution, not new, but little known in Ukraine.

Why a Mediator and not a lawyer, you ask.

Everything is simple - money. As harsh as it sounds, it's true. Everyone knows that the services of a lawyer are not cheap, and even not everyone can afford them. But, even if there is such a financial possibility, the lawyer is interested in the legal process, because funds are paid for each session, because the legal process can go on for a long time, even years. Lawyers do not offer to sit down at the negotiation table and agree to the parties without a trial, it is not in their interests, because for them it is a loss of a client, which means a loss of income. There is even an opinion in the legal community that mediators "take bread away from lawyers." Instead, the Mediator has a different mission - to help the parties to the dispute find a common solution and come to an agreement, which means enormous savings of time and money for the parties.

Moreover, at the end of the negotiations, when the parties have already agreed, an agreement is concluded, and the parties to the conflict have the right to write down their elaborated solutions as they see fit. That is, sometimes there is a coverage of moments that cannot be defined in court. This does not mean that they are illegal, no. This is about details, about the time and place of execution of agreements, terms, sizes, about third-party assistance and much more.

Mediation in the business environment. In business, mediation can be used to resolve a variety of issues, such as disputes between enterprises, conflicts in the team, misunderstandings with clients or between business partners, financial disputes, competition, etc. The use of mediation helps to reduce the time, costs and negative consequences associated with court proceedings. In addition, mediation helps to preserve the relationship between the parties, which can be important in the case where they have a long-term partnership or commercial relationship. Also, a very important point is that the mediation/negotiation process is confidential, which allows the parties to feel more open and free to express their thoughts and feelings.

Is it possible to consult a psychologist if there is a conflict in the family?Indeed, a large percentage of married couples, having disputes between each other, turn to a psychologist with the hope that he will help to understand what the problem is and how to solve it, thinking that these are character traits, perhaps they interfere with each other, that it is everyday life or everyday life that changes people . But it is not always the right decision, because a psychologist is a specialist who works with people, helping them understand their feelings, emotions and thoughts in order to overcome problems and achieve mental health. And the Mediator is a neutral person who helps the parties to resolve the conflict by listening to their views and helping to find a common solution, without giving advice or solving the problem for them. In other words, it is a translator of your language. Yes, yes, you understood everything correctly, people can speak in different languages, that is, they cannot hear each other, they do not clarify what they mean, or they speak exclusively in a pretentious manner, which causes aggression in the interlocutor. Just in this case, the Mediator is, so to speak, the translator of these misunderstandings.

So, how does the negotiation process take place in stages:

  • You turn to the mediator with a request to help conduct negotiations with a brief description of the misunderstanding that occurred.
  • The mediator will advise you on organizational and financial issues. Clarifies whether the other party is ready for negotiations.
  • You choose the type of meetings: online or offline.
  • You sign an agreement on the provision of mediation services.
  • The mediator will foresee the mediation process, as a result of which the parties sign an agreement based on the results of the mediation, that is, what the parties agreed on.

Our Mediators are experienced professionals with deep knowledge of the mediation process and conflict resolution skills. They create a favorable atmosphere for dialogue, where each party can express its interests, hear the position of others and work together to find a common solution. Our mediators adhere to the principles of confidentiality, dispassion and neutrality, ensuring the objectivity of the process. The advantages of using the services of a mediator are obvious. Resolving a conflict through mediation allows you to save time, costs and nerves, which are usually associated with court procedures. It allows the parties to maintain control over the situation and make a decision that best takes into account their interests. In addition, mediation contributes to the maintenance of relations, preservation of reputation and positive influence on future cooperation.