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Mediation, widely practised in the Western and especially American world of legal services, will for the first time appear on the Russian market.
Now when a conflict arises between organisations, the parties who have already referred their dispute to a court for a decision or award, or are only intending to do so, can avoid that expensive and long-dragging procedure by turning for assistance to a mediator. The point is that the parties involved in a conflict often irrevocably ruin the opportunity of a constructive interaction, and sometimes lose any such chance altogether.
The mediator encourages the parties to state their positions which at first sight seem uncompromising, he then splits the parties to take them to different conference rooms where he conducts negotiations with each party in turn and leads them to reaching agreement; this requires that a mediator should be highly skilled, experienced and knoWGedgeable in his area of expertise. Unlike in court proceedings, there actually is no risk of negative decision in mediation.
Experience in the USA shows that mediation has proved successful in the settlement of up to 80% of disputes, although the disputed amounts involved in various cases exceed those in Russia manyfold. In the USA mediation has a long standing history and legislative status - it may be ordered and compelled by a court before a case is filed for court hearing.
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