MEDIATION

Pirita and her team ends your dispute cost-efficiently and quickly through mediation. Over 95 % of the cases Pirita has mediated have settled. 

Please find the most commonly asked questions on mediation answered below. Please also find advice on how to get your case to mediation or alternatively, just contact Pirita: +358 407766476 / pvirtanen(at)privatemediator.fi.

WHAT IS MEDIATION?

Mediation is an alternative to lengthy negotiations and expensive court proceedings and arbitration to end a dispute. Mediation is a confidential and voluntary process, in which a neutral third party (= a mediator) assists parties to end the dispute.

The purpose of mediation is to save time and costs used in lengthy negotiations, court proceedings and arbitration. Further, in the type of mediation Pirita applies (assisted negotiation), parties are able to explore the best possible outcome for their dispute without going to court or continuing at court.

You can use mediation at any time in your dispute. However, the earlier the better.

WHAT ARE ADVANTAGES OF MEDIATION?

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 light 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 light prepration.

HOW DOES THE MEDIATION PROCEDURE LOOK LIKE?

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 POSSIBLY TO BE MEDIATED, WHAT SHOULD I DO?

You can invite your opposing party/parties and their possible counsel to a meeting with me. In this meeting, I will tell about the type of mediation I apply, its benefits, the process and answer any questions participants have. 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?

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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