Radion Tegay is confident that the use of mediation in business will help to avoid unjustified losses. He shares his experience as a mediator on the Danaker platform.

How did I get into mediation? 

As a lawyer, I was already involved in business negotiations and took part in the consideration of various disputes, and the conclusion of settlement agreements, which, in fact, is very close to mediation. But in mediation, a different approach is needed: for example, if you participate in negotiations in the interests of one of the parties, then in mediation it is necessary to maintain neutrality, helping the parties to make their own decisions.  

Mediation is one of the alternative dispute resolution technologies with its own specific principles and rules, with the participation of a neutral party not interested in this conflict – a mediator who helps the parties to develop a specific agreement on the dispute.  

Protracted conflict 

Since I have been working with commercial structures for a long time, it was business disputes that were the focus of my attention. One of the latest cases that were resolved through mediation was a dispute between a large construction holding and its shareholder. The dispute lasted more than four years: the parties went through the court and had a decision in their hands that came into force, but its execution did not move forward. The conflict reached such intensity that the parties did not even want to greet each other.  

To resolve this situation, I was first involved as a lawyer, and only after a while, after several rounds of negotiations, did I suggest that the parties resolve the dispute through mediation. Negotiations between the parties went on for almost two months, during this period they took pauses, revised their requirements, calculated the risks and opportunities, and ultimately, they came to a mediation agreement.

Why is a mediator needed?

It would seem: what prevented the parties from reaching an agreement on their own, without resorting to the services of a mediator? But in reality, this is very difficult to do. After all, each side has its own motives, its own benefits, and they see the situation only through the prism of their own interests. Confrontation can drive them to a dead end. And in this situation, the mediator can help the parties find points of mutual interest.

So far, business is poorly informed about mediation. Meanwhile, mediation allows the parties not only to make a decision but to actively work on its development themselves. At the same time, the parties signing a mediation agreement are more responsible for its implementation. 

I hope that the new phase of the project of the European Bank for Reconstruction and Development (EBRD) and the International Development Law Organization (IDLO) to develop commercial mediation will increase the effectiveness of dispute resolution in the country. 

Business understands that a constructive approach is needed in resolving disputes and conflicts, no one needs confrontation. Yes, at the very beginning of the conflict, resentment and anger can prevail, which extinguishes common sense, but when a person calms down and receives more information for analysis, he will ultimately try not only to avoid significant losses but also to maintain normal relations in the future.