THE "BENEFITS OF MEDIATION IN DEALING WITH CONFLICTS" CONFERENCE/NICOLETA MUNTEANU: "Mediation creates long term relationships, due to its non-aggressive nature"

A.S. (Translated by Cosmin Ghidoveanu)
Ziarul BURSA #English Section / 28 februarie 2013

"The solutions proposed as part of mediation are creative and personalized, which gives participants mental comfort", Nicoleta Munteanu said.

"The solutions proposed as part of mediation are creative and personalized, which gives participants mental comfort", Nicoleta Munteanu said.

Mediation contributes to creating long term relationships between the parties involved in the procedure, due to its non-aggressive nature, says Nicoleta Munteanu, the president of the International Mediation Center.

The solutions that can be reached through mediation are not imposed, just accepted if both parties view them as being useful to them.

Mrs. Nicoleta Munteanu claims: "Mediation is not a procedure for solving conflicts where there are two opponents squaring off. Mediation should be viewed more like brainstorming, and a mediator should be perceived as a team leader, not at all like a referee. Mediation does not end with a winner and a loser. In this procedure it is not the past that is important, who made a mistake, what the mistake was and how it was made, but rather, the future and the solutions which the parties find to solve the disputes, which are acceptable to all those involved considering the various interests, needs and concerns. Nobody is forced to sign an agreement. The solutions proposed as part of mediation are creative and personalized, which gives participants mental comfort".

Among the benefits of mediation, the president of the International Mediation Center enumerated low costs, compared to a lawsuit, the shorter time it takes for a solution to be reached, the absence of the need for witnesses, experts and advisors, as well as discretion and confidentiality.

The president of the International Mediation Center said: "Following mediation, you only reach an agreement the moment you are happy. Nothing can force you to make the deal. No one will decide against you, therefore, you will not lose the case".

The moment the parties cooperate to find a solution, by adopting a constructive approach, there is a rather significant possibility to find out that, they actually share the same ideas and mentality and their dispute is due to a faulty communication. Nicoleta Munteanu also said that during commercial conflicts, the mediation can lead to the continuation of a contract or even its improvement.

A factor that contributes to the increase in the impact of mediation is the technological progress, which allows the accomplishment of collective mediations, Nicoleta Munteanu added.

Mediation is extremely useful in dealing with intercultural conflicts. Mrs. Munteanu said: "Mediation gets to be an important factor not just in business, but in the legal context as well, because a disagreement on the cultural level can lead to the failure of a negotiation or worse, to the creation of a conflict".

The president of the CIM also said: "Even if the companies are open to the idea of mediation, they are at the stage where they need education about this method. Once familiarized with the concept of mediation, they will be able to apply it on their own business, to serve the interests of the company. When mediation becomes a practice for solving conflicts recognized on a worldwide scale, it will have a major applicability when it comes to the domestic as well as international business".

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