What is mediation?

Mediation is one of the methods of out-of-court dispute resolution permitted in Czech practice and regulated by law. It is a non-judicial way of resolving conflicts with the participation of a third, independent person – the mediator. The mediator’s goal is to help participants find a solution to their situation, facilitate communication between all parties to the conflict and, in the final phase, assist in finding an agreement that the parties consider fair or acceptable – a win-win solution. Mediation sessions take place in a calm, personal and as pleasant an environment as possible, where parties can discuss and resolve their disputes. The mediator helps the parties find a suitable solution; the level of his activity depends not only on the method chosen and his mediation style and practice, but above all on the approach of the participants and the options they propose or accept in the given case.

Who is a mediator?

A mediator is a qualified professional dedicated to resolving disputes, but his role is not to adjudicate the dispute, determine degrees of fault or tell the parties what to do. The mediator’s role is to manage the mediation process, facilitate communication and provide a platform where the parties can discuss their matters in a friendly atmosphere, without the public or any authoritative decision-making body, and voluntarily accept the most suitable solution for all. The mediator remains neutral throughout, both as to the substance of the dispute and the participants themselves; he does not advocate or promote the interests of any party, nor does he provide legal or other advice from his position unless all parties jointly agree otherwise. Even then, the mediator’s opinion is non-binding for the participants; the content of any agreement is exclusively the right and responsibility of the parties.

Principles of mediation and its outcome

The mediation process and meetings are fundamentally voluntary. It is entirely up to the parties whether and to what extent they participate in mediation and what they discuss. The parties may also withdraw from and terminate mediation; the mediator cannot compel them to remain in the process.

Another essential feature of mediation is that it is a private process; the public and persons not directly agreed by the parties do not have access. This is linked to the duty of confidentiality imposed on the mediator by law regarding all facts learned during mediation, which the parties usually assume contractually. Because of this duty, the mediator is not obliged, for example, to testify in court unless released from confidentiality by all parties. The purpose is to ensure a free platform for discussing matters without fear that information will be disseminated and used against them.

It is essential that mediation is a process of searching for solutions by the parties themselves; they alone define the manner and outcome of that search. They are the architects of the solution to which they then adhere.

As to the outcome, the parties may draw up a written agreement, agree orally or act according to their own arrangement. Neither law nor practice prescribes the form of the agreement, though a written agreement is advisable. It is an agreement between the parties that is not directly enforceable as such; if the parties wish direct enforceability, they may use a notarial clause on direct enforceability or have the agreement approved by the court as a judicial settlement.

When is mediation appropriate?

Mediation is generally a very suitable alternative for resolving disputes; the following circumstances indicate when it is most appropriate:

• there are mutual relationships between the parties, whether from the past, personal ties or ongoing contact (colleagues, neighbours, family, etc.)
• disputes between the parties are extensive and go beyond a single court case,
• evidence before a court would be financially and time-consuming and the outcome of litigation is uncertain
• the parties wish to influence the process and outcome of the proceedings
• the parties wish to resolve their disputes privately, without public participation or public interest

Benefits of mediation

The main benefit widely recognised is not only the speed and lower financial cost of finding a solution compared to court proceedings, but also its private nature. Parties can discuss and resolve their disputes in a private and civil atmosphere and share confidential information without it being assessed or used against them. Parties are not exposed to negative publicity and do not jeopardise their public image.

At the same time, the parties can address and resolve a wide range of disputes comprehensively without having to initiate a series of court proceedings that are time-consuming and costly.

Another significant advantage is the possibility of preserving mutual relationships so that the parties can continue to live, do business or work together – appreciated, for example, by employers in disputes between employees, business partners, neighbours or family members.

Costs of mediation

Payment for mediation is directly linked to its duration; the complexity and scope of the dispute also matter. Mediation usually takes place in blocks of 3 hours, though longer or shorter blocks can be agreed. Duration and course always depend on the parties; payment is per hour of mediation and the parties usually share costs equally.

For any questions or interest in an introduction to mediation or mediation services, please do not hesitate to contact us.

I consider mediation a highly effective tool for resolving disputes quickly, voluntarily, informally and in greater calm, to mutual satisfaction and above all at lower cost. I am convinced that this approach brings parties many advantages and represents a further step in improving legal culture and dispute resolution in the Czech Republic. I will be honoured to take part in finding solutions to your problems through mediation.