WHAT IS MEDIATION?
In mediation, a neutral third party (= a mediator) assists parties to end a dispute.
Pirita's approach to mediation is different from others in the Nordic countries and in Europe. Pirita brought business-oriented mediation, used by the leading mediator in the U.S., to the Nordic countries and Europe. Pirita's mediation process is a business-oriented and structured negotiation process, in which companies and public entities are able to explore the best negotiated outcome for their dispute (not possible in traditional negotiations).
As Pirita's mediation process is unique, you cannot know about this process, if you haven't listened Pirita about it.
WHEN TO USE MEDIATION?
You can use mediation at any time in your dispute. However, the best time to use Pirita's structured negotiation process is to use it instead of traditional negotiations or at latest, when your own negotiations are getting lengthy, are stuck or have completely failed.
WHAT ARE THE ADVANTAGES OF MEDIATION?
Mediation saves time and money.
If a case is settled through mediation, parties
save time and money used in lengthy negotiations, court proceedings and arbitration;
dispute is solved quickly. Pirita's mediation process usually takes one week, of which one day is the acctual negotiation day;
parties decide the outcome for the dispute. Thus, decision-making power is not given to the mediator (unlike the decision-making power is given to a judge/arbitrator in court proceedings/arbitration).
Thus, mediation is an excellent way to keep the decision-making power yourself and manage risks concerning the outcome. In addition, important business relationships are saved. Everything remains confidential.
Further, unlike in other mediation processes, in Pirita's mediation process parties are able to test the best negotiated outcome for their dispute (not possible in traditional negotiations).
HOW IS THE MEDIATION PROCESS?
In general, the phases in mediation are:
1. Signing the agreement to mediate.
3. Mediation day.
4. Signing the settlement agreement during the mediation day.
IF I WANT USE MEDIATION, WHAT SHOULD I DO?
An in-house lawyer should call directly the opposing in-house lawyer / CEO and invite them to an introductory meeting on mediation with me.
This invitation is not presented through possible attorneys, as they have their own interests in disputes (fear of losing billable hours in the current dispute and also in possible other disputes, if a client wants to use mediation also in the future). Thus, attorneys prefer to negotiate on their own, which is more expensive than mediation, takes longer and cases easily slip into trial or arbitration.
In this introductory meeting, I'll tell about my mediation process and its benefits. Everyone can ask questions. Nothing needs to be agreed on or committed to in this meeting.
In this meeting, a party gets the facts about this process right, possible prejudices are corrected and trust in this process and in a mediator is build. This meeting is basically the only successful way to suggest mediation.
Please contact me for further information.
ARE MEDIATED SETTLEMENT AGREEMENTS ENFORCEABLE?
Mediated settlement agreements can be declared enforceable by a competent court (concerning Finland, see Act on Mediation in Civil Matters and Confirmation of Settlements in General Courts (394/2011) and concerning EU, see Directive 2008/52/EC). Settlement agreements can be also confirmed in an arbitral award for enforcement purposes.
NOTE. Even if parties would have agreed to solve the dispute in arbitration/in public courts, if mutually agreed, parties can end the dispute in mediation.