MEDIATION

 

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 and assisted negotiation. In mediation, a neutral third party (= a mediator) assists parties to end the dispute.

Pirita uses a different approach to mediation than other in the Nordic countries / in Europe. This approch is used in the U.S. and Pirita has learned it while mediating with the U.S. leading mediator and a pre-eminent mediator internationally, Daniel Weinstein. This type of mediation is deal-making. Parties are able to explore the best possible negotiated outcome for their dispute.

WHEN TO USE MEDIATION?

 

You can use mediation at any time in your dispute. However, the best time to use the type of mediation Pirita applies, is to use it instead of traditional negotiations or at latest, when your own negotiations are getting lengthy, 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.

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 call the opposing party and invite them to an introductory meeting of mediation with me. In this meeting, I will tell about the mediation I apply, its benefits and the process. Everyone can ask questions. Nothing needs to be agreed on or committed to in this meeting. 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.