Mediation
What is mediation?
Mediation is a form of amicable dispute resolution. It is a voluntary and confidential process in which the parties call on an independent and impartial third party, the mediator, to come to a resolution of their dispute. The mediator helps the parties themselves, in full knowledge of the facts, to reach a fair agreement that respects the needs of all parties.
Thus, the ultimate goal of mediation is to reach an agreement that ends the conflict. This mediation agreement is usually in writing and ratifies what was agreed between the parties. Since mediation is always voluntary, it is always possible that no agreement can be reached.
A distinction is traditionally made between mediation in family, social and civil & commercial matters. But very often a conflict is a mix of family, social and economic aspects.
Why can a lawyer help with mediation?
A lawyer can play an important role during mediation by advising parties on their rights and obligations, assessing the feasibility of proposals and avoiding legal pitfalls. In addition, the presence of a lawyer can ensure a balanced negotiating position and contribute to a better-founded and sustainable agreement. Thus, one combines the advantages of voluntary mediation with expert legal guidance.
What is a Chamber for Amicable Settlement?
A Amicable Settlement Chamber is a specialised body within the court that supports parties in finding an amicable solution, in civil, corporate and social cases. It provides a structured environment in which conflicts can be resolved faster and more cost-effectively than through full court proceedings. The judge guides the conversation, but the parties themselves remain in control.