How does mediation work?
Mediation is voluntary process. Therefore, parties to the dispute need to agree to enter into mediation. If you are interested to initiate mediation, we will use our best efforts to persuade the reluctant parties through Pre-Mediation Coaching to agree to mediation by highlighting its benefits. However, please keep in mind that parties cannot be forced to take part in the mediation process. Once all parties have agreed, we will request the parties to provide us with a brief summary of the dispute so that we can assign a mediator who would be most suitable to help you resolve your dispute.
How do we mediate?
We provide face-to-face as well as virtual/online mediation sessions. Covid-19 pandemic has taught us that being able to participate virtually actually helps our clients reduce tensions and encourage more open communication between the disputing parties. As a result, we see an increase in more satisfying resolutions.
If you are looking for a faster, less expensive, and more fulfilling way to resolve disputes, you have come to the right place. We also work with a network of legal experts to help you with legal documents, no matter wherever you live in the world!
As mediators/facilitators, it is our duty to conduct a negotiation in a fair and unbiased manner where the parties have control over how they agree to settle the dispute and if so on what terms it will be settled. We do not form judgements or impose any decisions. Therefore, the mediator controls the process while parties >as problem-solvers< control the substance.
We believe in working very hard to help parties come to a resolution and assist them in that process, guide the discussion by being open, creative, and empathetic towards their individual perspectives, and clarify any issues that may arise. The proposed resolutions are refined until parties reach a mutually acceptable settlement.
Once parties to the dispute have agreed to enter into the mediation process:
If you do not agree with the mediator:
1. The mediator cannot decide or impose their solution upon you;
2. The mediator will help the parties negotiate their settlement and facilitate the process in an impartial and non-judgmental manner;
3. If, during the mediation, parties do not like the way the mediation is going, they are free to leave and will not have committed themselves in any way unless they wish to have done so, as mediation is without prejudice;
4. Parties are not obligated to to agree to anything they are not entirely happy with, any agreement made will be their agreement, the mediator will simply guide them towards it;
5. If an agreement cannot be reached, parties are still free to pursue Court or other formal processes to resolve their dispute.
Will mediation work?
Mediation is a highly flexible and successful process, most mediations settle, if not on the day shortly after, although there is no guarantee of success, the more the parties are committed to finding a solution the more likely the mediation is to be successful.
CIVIL & COMMERCIAL MEDIATION
Nyāsa offers Civil & Commercial Mediation.
For companies in India and the Netherlands
• Shareholder and partnership disputes
• Contractual/civil/consumer disputes
• Intellectual property rights disputes
• Professional negligence disputes
• Defamation disputes
• IT disputes
• Financial disputes
Tenants and homeowners in the Netherlands (in Dutch)
• Landlord and tenant disputes
• Neighbor disputes
• Property disputes
• Boundary disputes
Other disputes
• Community mediation disputes
• Insurance disputes
• Personal injury/clinical negligence disputes
Pre-mediation or Conflict coaching
Mediation is a voluntary process. However, sometimes one of the parties isn’t willing or convinced to resolve the dispute voluntarily. Here, coaching can help:
- When opinions are in conflict.
- When stakes are high.
- When emotions are high.
- When there are blocks to harmonious communication.
- When there is a lack of awareness.
Post-Mediation Coaching
During the post-mediation, the coach will help one or both (or more) of the disputants, on an individual basis, to reach whatever goals remain in the aftermath of the mediation. This may include to:
- Improve their relationship, which has remained strained even after the mediation.
- Improve conflict management skills of the parties who have already realized and identified areas of conflict during the mediation.
- Address unresolved matters, about the person or the situation that they are in.
- Reflect on the types of reactions or behaviors that lead to needless escalation and work on ways to manage them for the future.
WHY USE MEDIATION?
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Mediation saves money
mediation is cost effective and a fraction of the cost of litigation. By choosing mediation, parties can save a lot of money on Court, trial, tribunal legal, lawyers’ and experts’ fees.
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mediation is faster than entering into a lengthy litigation process. At Nyāsa we can get a mediator to you within 2 weeks and undertake the mediation within 1 day, in contrary to the Court, can take months to even years in a country like India.
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in a mediation process is less formal, less intimidating and can take place in a neutral venue (e.g. your lawyers office) or even online, place of work, your home or a neutral location accessible to all the parties to the dispute.
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mediation can help parties repair, preserve, strengthen and maintain pre-existing (business) relationships which could have been compromised by litigation.
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parties make their own decisions and are responsible for the outcome, unlike a Judge or Arbitrator deciding for the parties and imposing an outcome on them.
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the mediation process is completely confidential and without prejudice which means that any statements made during the mediation process may not be disclosed in court proceedings or in any other place without the prior written consent of all parties.
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if parties are unable to reach a settlement agreement, their legal rights will stay unaffected. This means that if parties wish, they can still go through Court to resolve their dispute. Therefore, the benefits of mediation are enormous.
COST
We Do in Hours, What Takes Months or Years in Litigation! We Provide Faster, Less Expensive, More Fulfilling Ways to Get to Resolution.
As no case is the same, we would like to discuss your dispute with you before we quote a mediation fee, to provide you with:
1. The mediator who would be best suited to helping you to resolve your dispute.
2. A correct, competitive fee tailor-made to your individual dispute, which will be shared with you in writing once we have confirmed your exact requirements with no obligation whatsoever!
Depending on your special circumstances, we shall do our best to accommodate your budget, without compromising the quality of service, by matching you with the right mediator at the right price.
