MEDIATION

Pirita ends your dispute cost-efficiently and quickly. All disputes Pirita has mediated have been settled. Over 95 % of the disputes Pirita has mediated with leading mediators in the U.S. have been settled. 

Please find the most commonly asked questions on mediation answered below. Alternatively you can schedule a call with Pirita: +358 407766476 / pvirtanen(at)privatemediator.fi.

WHAT IS MEDIATION?

Commercial mediation is extended negotiation. In mediation, a neutral third party (= a mediator) assists parties to end the dispute. If the case is mediated, parties avoid lengthy negotiations, expensive court proceedings and arbitration.

The type of mediation Pirita applies is deal-making. In this type of mediation parties are able to explore the best possible negotiated outcome for their dispute.

You can use mediation at any time in your dispute. However, usually the best time to use mediation is when your own negotiations are stuck or have failed.

WHAT ARE ADVANTAGES OF MEDIATION?

In brief, time and money. In detail, if a case is settled through mediation, parties

  1. save internal resources and outside costs used in lengthy negotiations, court proceedings and arbitration;

  2. dispute is solved quickly - it usually takes one day and brief preparation to mediate a dispute in comparison to lengthy negotiations and years of litigation and arbitration; and

  3. parties decide the outcome of the dispute. Thus, the decision-making power is not given to the mediator (unlike the decision-making power is given to a judge/arbitrator in court proceedings/arbitration).

For these reasons, mediation is an excellent way to manage risks concerning the outcome and also expenses. In addition, important business relationships are saved. Everything remains confidential.

Over 95 % of the cases I have mediated have settled. Mediation has taken one day and brief prepration.

HOW IS THE MEDIATION PROCESS?

This always depends on the individual mediator. The common phases in mediaton are:

1. Signing the agreement to mediate.

2. Preparation.

3. Mediation day.

4. Signing the settlement agreement during the mediation day.

IF I WANT MY CASE TO BE MEDIATED, WHAT SHOULD I DO?

You can invite your opposing party/parties and their possible counsel to an introductory meeting of mediation with me. In this meeting, I will tell about the type of mediation I apply, its benefits and the process. Everyone can ask questions. Nothing needs to be agreed on or committed to in this meeting. I do not charge anything of this meeting either. Please contact me for further information.

Suggesting mediation directly to your opponent is most likely not going to be fruitful.

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 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. 

Private Mediator Ltd.

Phone: +358 40 7766476

E-mail: pvirtanen@privatemediator.fi

Web: www.privatemediator.fi

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