Mediation center in Opava

What is mediation?

Mediation is an extrajudicial and voluntary process, the main goal of which is to achieve a solution that will be acceptable to all parties involved. Unlike legal proceedings, the mediator does not decide on the outcome of the dispute, but acts as an impartial and independent third party who facilitates communication and helps the parties better understand their interests and needs. Mediation allows the parties to actively participate in finding a solution, which often leads to agreements that are more sustainable in the long term and more respectful of the interests of both parties. This process is informal, and its advantages are speed, lower costs and the created space for open communication.

What is not mediation?

Mediation is not a process in which a third party decides, as is the case in court or arbitration. The mediator does not decide what the correct outcome of the dispute is or who is right. Mediation is also not a tool for one party to dominate the other or to promote its interests at the expense of the other. It is a process of mutual respect and openness. Mediation is a voluntary process, and therefore the parties can end it at any time if they do not reach an acceptable agreement for both parties.

What not to expect from mediation

You cannot expect an authoritative decision from a third party from mediation. The result of mediation, if a suitable solution is found, is the conclusion of a mediation agreement that will be binding on the parties involved.

What mediation can help with

Mediation can help the parties better understand their mutual interests and needs, which often leads to more open communication and more effective conflict resolution. Due to its informal and voluntary nature, it provides a space for finding mutually acceptable agreements, which are usually faster and less expensive than legal proceedings. Mediation also helps to maintain or improve relations between the parties, as it focuses on cooperation and negotiation rather than confrontation.

Who mediates

Mediation is carried out by both registered and unregistered mediators. Registered mediators have successfully passed an examination and are registered in the list of mediators maintained by the Ministry of Justice of the Czech Republic. On the other hand, unregistered mediators have usually undergone appropriate training, but are not included in the official list. The courts do not assign disputes to them.

What disputes

  • general civil disputes
  • family law disputes
  • labor law disputes
  • neighborhood disputes
  • commercial law disputes
  • consumer law disputes

How does mediation work?

  • Voluntary mediation is initiated based on mutual agreement between the parties who decide to seek the help of a mediator.
  • Ordered mediation is determined by the court, which determines mediation as a mandatory step before the commencement of legal proceedings or during them.

Our specializations

The mediation office primarily specializes in providing mediation services in these areas

  • FAMILY  MEDIATION
  • CIVIL MEDIATION - LEGAL
  • LABOR MEDIATION - LEGAL
  • COMPANY MEDIATION
  • COMMERCIAL MEDIATION

How does a mediator work?

  • explains the mediation process, its phases and procedures to the parties
  • facilitates mutual communication between the parties
  • mediates an agreement and helps with the writing of a joint agreement

After signing the mediation contract, which begins the mediation, the parties have the opportunity to communicate in turn what happened between the parties and what is important to them in the matter for which they are coming. The mediator gathers all relevant information from these statements of the parties (the fact that he has no information at the beginning is a manifestation of the above-mentioned principle of impartiality). From the information communicated, the subject of the negotiation crystallizes during the mediation, i.e. the topic, for which a solution that is meaningful for all parties is subsequently sought. The solution found is (usually by the mediator) incorporated into the mediation agreement.

A written agreement between the parties to the conflict concluded within the framework of mediation and regulating the rights and obligations between them. Only the parties to the conflict are responsible for the content of the mediation agreement.

Principles of Mediation

  1. IMPARTY – the mediator is always unbiased and impartial. The mediator does not know the parties involved, and therefore at the beginning of the mediation he/she only has a general understanding of the topic the parties are coming up with.
  2. BALANCE – the mediator equally involves the parties in the resolution process.
  3. NEUTRALITY – the mediator respects the positions and proposals of the parties and does not promote his/her own.
  4. INDEPENDENCE – the mediator is not financially, psychologically or relationally connected to any party.
  5. Confidentiality – The mediator is bound by confidentiality, all information that is heard during the mediation is confidential, as are all documents related to the mediation. Only all parties to the conflict can release the mediator from confidentiality. The parties undertake to maintain confidentiality in accordance with the arrangements set out in the mediation contract, usually under penalty of a contractual penalty.