Master the art of mediation
The National Chamber of Entrepreneurs of Kazakhstan "Atameken" organized the training on mediation in arbitration
Let’s remind that currently the legislation, stipulating mediation in the process of arbitration (arbitration) proceedings, is being amended.
Subject of mediation is most acute in the business environment since businesses are often involved in disputes that can’t be resolved without consideration at the court (because not everyone has the time for the trial). In such cases, the most appropriate method of alternative dispute resolution is through the involvement of mediators.
Who can be a mediator? What is the role of a mediator in the conflict resolution, and what qualities should a mediator possess to achieve a positive result?
About these and other qualities of a mediator spoke the coach - mediator Gulnara Zhandosova at a seminar, which was held at NCE. According to her, the purpose of the event – is to present mediation competences to acting arbitrators, the primary knowledge of mediation. According to the coach, under the current conditions mediation competence is required not only for mediators, but also for judges and arbitrators.
"Arbitrators, carrying out their activities, often face with the conflicting parties. Depending on how will behave a referee in any given situation depends the reduction of a conflict between the parties involved in the dispute, and how this decision will help to protect the interests or meet the interests of both sides", - explained Gulnara Zhandosova.
She noted that mediation is most applicable in the entreprneurship environment, where you need an ability to respond quickly and to resolve all the disputed issues before the trial, without causing damage to yourself or others.
“The referee today is not only a judge, but is a professional, who resolves conflicts through mediation. He is involved in the mediation procedure as a third, neutral, disinterested party. During the talks the mediator helps the conflicting parties to understand their interests, and the enemy, to determine their positions. Also, the mediator brings the parties to seek a constructive solution to the dispute that is acceptable to both sides and help the parties find a solution that would suit all parties of the conflict”, - said Gulnara Zhandosova.
According to her, by resorting to the help of mediators, the parties can avoid the material costs as going to court implies not only a payment for a lawyer, but the court fees at all levels. Moreover, in case of a conflict with business partners via mediators we can keep the relationship with them, which is also important.
"Mediation is not working with the positions of the parties, it works with the interests of the parties", - said the coach.
According to her, disputes can be settled by issuing a supplementary agreement to conclude a treaty with legal force. Meanwhile, according to Gulnara Zhandosova in any business where there are two sides, conflict is inevitable, but we should not be afraid.
"The conflict - is moving forward, it is necessary to change this or that situation. And we need to develop the proper conduct of the parties involved in the conflict, and this is with what the referee works, having mediation skills", - said the coach-mediator.
According to the participants of the training, a senior lawyer of White & Case in Kazakhstan Semen Issyk, at this seminar, he has received quite a lot of information on the role and functions of a mediator.
"Of course, for me as a professional lawyer, it is important to get not legal knowledge, but communication skills to negotiate with the disputing parties, to understand their psychological nature, the ability to talk to them. And, as the coach has repeatedly stressed, it is advisable not to use the word "conflict", and use the other, softer concept (an "issue" or a "situation"), a priori, placing the parties to that dispute through mediation", - he said .
In his opinion, a purely dry knowledge of the legislation does not make a person able to help the parties find a compromise solution. A knowledge of the law, coupled with the ability to listen, to handle competently parties and to establish communication between them can produce the same effect upon address to the mediator.
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