Vladlena Rudusāne, a certified mediator at TEGOS Latvia, provides a structured overview of the key steps in conducting a successful mediation process in Latvia.
What is mediation?
Mediation is a structured process in which two or more parties involved in a dispute voluntarily seek to reach a settlement with the assistance of a mediator.
Although mediation is a voluntary process, Latvian courts increasingly encourage parties to use mediation as an out-of-court dispute resolution method, not only before a dispute is heard but also during court proceedings. If both parties agree to use mediation during civil litigation, the judge suspends the proceedings and sets a time limit for the use of mediation. If the basis for termination of the proceedings is the claimant’s withdrawal of the claim because a mediation settlement has been reached, as confirmed by a certificate issued by the mediator on the result of the mediation, the claimant is refunded 50% of the paid state court fee.
Main differences between mediation and court proceedings. Principles of mediation
- Mediation is voluntary. Any party, as well as the mediator, may terminate the mediation at any time.
- Mediation is confidential. The mediator does not publicly disclose information obtained during the mediation, nor does she disclose to one party information provided by the other party without that party’s consent. The parties may agree that confidentiality also applies to them. This allows disputes to be resolved discreetly.
- Principle of self-determination. Unlike court proceedings, mediation results are controlled by the parties themselves, as the parties seek solutions on their own without delegating the outcome of their dispute to a third person or authority.
- Mediator’s neutrality. The mediator is not an agent or advocate of any party but rather the facilitator of the process. The mediator does not conduct mediation if there is a conflict of interest.
- Time efficiency and cost savings. Unlike court proceedings, which may last for years, mediation allows a dispute to be resolved within one day or a few sessions. Moreover, the speed of the mediation process, compared to litigation, in the long term also means savings in legal costs and energy.
- Preservation of relationships. The mediation process helps preserve relationships between the parties to a dispute better than litigation, where the parties hope to continue their relationship after the dispute is resolved—for example, between business partners, employers and employees, colleagues, company owners and board members, tenants and landlords, family members, and neighbors.
Stages of mediation
Although each mediation process is unique, the mediation conducted by Vladlena Rudusāne can be divided into the following stages:
Before mediation
- Agreement with the mediator. All parties sign a written agreement with the mediator on the use of mediation. The agreement includes the consent of the parties and the mediator to use mediation, the essence of the dispute, the basic rules of the process (rights and obligations of the parties and the mediator), and the terms of payment for mediation. If the mediation is paid for by a third party (e.g., an employer pays for mediation in a labor dispute between employees), this third party also signs the agreement.
- Facts about the dispute and case materials. The parties send the mediator documentation related to the dispute (if any), such as litigation materials, submissions, and correspondence.
- Time and place. The date, time, and address of the mediation are determined. The mediator offers the premises of the sworn advocate’s office TEGOS in Riga, Elizabetes Street, for conducting the mediation. Mediation may be conducted in one or several rooms- one room for joint sessions and separate rooms for each party (their representatives) for individual sessions. Mediation may also be conducted remotely (MS Teams, Zoom).
During mediation
Mediation process structure:
(1) Introduction. The mediator and the parties discuss the rules of the process and agree on the goals of the mediation, the agenda, and the main discussion topics.
(2) Clarification of facts. Each party presents its view of the situation.
(3) Identification of interests. At this stage, the interests of each party (problems, needs, values) in the specific dispute are identified. It is determined where these interests overlap and where they appear to be incompatible.
(4) Solutions. At this stage, possible solution options are collected and selected. The most promising options that satisfy the interests of each party are evaluated and tested.
(5) Agreement. The mediator and the parties finalize a draft agreement.
After mediation
The mediator prepares a certificate on the result of the mediation, indicating the mediator, the parties, the subject matter of the dispute, the date of termination of the mediation, and whether the mediation ended with or without an agreement.
- Mediation with an agreement:
- The mediator may assist in drafting a conceptual outline of the agreement.
- At the request of a party, the mediator issues a written certificate confirming that the mediation ended with an agreement.
- Mediation without an agreement. The mediator issues a written certificate to each party confirming that the mediation ended without an agreement.
