Mediation
Do you want to learn more about mediation? Learn about how it works, what happens during the process, and what the outcome is.
This might sound familiar...
If you’re dealing with a dispute, you might know the following scenario. You want the other party to do something, or perhaps to stop doing something. You have strong arguments and are convinced that you are in the right, but the other party isn’t listening to you at all. Instead, they present their own version of the truth and go on the offensive. You think to yourself that they can’t be serious, that this isn’t how things are at all. And you definitely don’t want to let it go. You want justice. Someone must see and acknowledge that the truth is on your side…
Believe me, I understand. But unfortunately, this path often leads in one direction – to a lawsuit. It’s a long, costly, and time-consuming journey. And worse yet, it’s completely unpredictable with an uncertain outcome. Rarely does it end with a clear winner. And if it does, that winner is often worn down and exhausted by the legal machinery.
In court, you see, it's not about the truth or a fair solution—it's about evidence, formalities, and legal arguments that often have little to do with justice.
I know this because, as a lawyer, I have witnessed it many times. Fortunately, however, this path has an alternative. A detour. It’s quick, affordable, and effective, and at the end of it, there is no winner or loser, but two people who have found a way to resolve their conflict with dignity and minimal losses. That path is mediation. I would be happy to guide you through it.
What is mediation?
Simply put, assisted negotiation. It’s an informal process in which I help you communicate constructively with the other party so that you can reach an agreement that is functional and acceptable for both sides.
What is mediation about?
The goal of mediation is to find a solution to your dispute. A solution that you will agree with and decide on yourself.
In mediation, I won’t pressure you into anything or make decisions for you. Mediation is not a court. It is not therapy either. I won’t try to change your opinions or analyse the past in detail with you.
What I will focus on is your perspective and what you want to achieve. We will discuss options and possibilities together. We will consider what is important to you and where you might be able to make concessions. However, we will not examine which party is right or wrong, or who has or doesn’t have a claim. The goal of mediation is not to find the culprit, but to find a solution so that you can close the dispute and move on.
In addition, mediation is very effective in situations where you do not have a direct dispute with the other party, but something in your collaboration or communication is not working well and you need to clarify how to proceed. In such cases, I will help you articulate what you need from the other party. At the same time, I will help you understand what and why the other party needs from you. Then we will look at whether and how these needs can be reconciled so you can continue or even improve your collaboration or other relationship.
Mediation is not:
• A court process.
As a mediator, I do not decide who is right, nor do I evaluate any evidence. Mediation is about finding an agreement, not about finding a winner and a loser.
• Psychotherapy.
In mediation, we will not analyse your past or your emotions. We will focus on the specific issue and look for a way to resolve it.
• Legal advice.
As a mediator, I do not give legal advice or address legal issues. My role is to guide the process and help you find a solution that you both agree on.
• Manipulation.
In mediation, I am neutral and do not take sides. I will not force you into any solution – what you agree on is entirely up to you.
• Pushing for a solution at any cost.
Mediation is not about forcing you to make concessions that you are not comfortable with. If we don’t find a solution that is acceptable to both sides, I will not push you into any agreement.
How does mediation work?
Step 1 - Preparation
At the very beginning, I will meet (or have a call) with each party separately. During this first meeting, we will clarify what you need to address, what your expectations and ideas are, and how the entire process will unfold.
Step 2 - Signing the agreement for mediation services
The mediation process begins with the signing of the agreement for mediation services. In this agreement, we will set the basic terms of our cooperation and the fee (you can find a sample agreement here).
Step 3 - Gathering information
We will begin the joint meeting by giving both parties the opportunity to present the situation from their perspective. The person who proposed mediation will speak first, or if the dispute is already in court, the one who filed the lawsuit. Then the other party will have their turn, and several such rounds will follow during the same session. I will ask a lot of questions to understand the core of the dispute. We will also discuss what you and the other party want to achieve, what is important to you, and where you are willing to make concessions. If communication between you is very heated, we can agree that the first meeting (and possibly the entire mediation) will take place separately with each party in individual sessions.
Step 4 - Identifying specific issues to resolve
After mapping out the entire dispute and identifying its core, we will outline the specific areas or topics that need to be resolved. This topic is rarely just one. For example, in a seemingly simple dispute over payment of a debt, we will discuss not only the amount (and whether anyone will pay anything at all), but also the payment deadline, the method of payment, possible alternative settlements, and so on.
Step 5 - Finding solutions
Now we will start looking for the actual solution. We will go through each topic one by one and explore options for aligning your demands, priorities, and interests so that you can say ‘we are willing to agree with this solution’.
Step 6 - Drafting the agreement
Once we reach an agreement, we will put it in writing. The specific process will depend on you. Either I will write the agreement myself, or if you have legal representatives, they can draft it. The agreement will then be signed by both parties, and I will sign it as well to confirm that the agreement was made within the mediation process.
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What are the rules of mediation?
Mediation is an informal and flexible process, and to a large extent it will depend on you how it will unfold. However, there are certain rules that ensure mediation remains balanced, constructive, and effective.
Voluntariness
For mediation to take place, both parties must agree to it. No one can be forced to want to reach an agreement. This also means that if mediation stops making sense to you during the process, you can terminate it at any time without any restrictions or penalties. If you have ever heard that mediation was ‘ordered,’ meaning it was not voluntary, it was not mediation, but rather the initial meeting with a registered mediator.
Impartiality of the mediator
As a mediator, I am neutral and impartial. I do not judge who is right, nor do I influence your decisions. My role is to facilitate the negotiations, provide structure, and help you express what is important to you. At the same time, I ensure that your communication with the other party remains constructive, even if you enter into a conflict or stray from the topic.
Confidentiality
As a registered mediator, I am obligated to maintain confidentiality about all matters I learn in connection with the preparation and conduct of mediation. This means that anything you share with me, both during the mediation and before it starts, is strictly confidential, and I will not disclose it to anyone else.
What is the outcome of mediation?
As we’ve already mentioned, the ideal outcome of mediation is an agreement – more specifically, a ‘mediation agreement‘ (this is the official term for an agreement reached in mediation).
A mediation agreement can be a well-crafted legal document with various clauses, penalties for non-compliance, etc. It can also be very simple and informal. It depends on what you want to address and capture in the mediation agreement and in what way.
However, it always applies that the mediation agreement should be realistic and practically achievable. If you are setting any rules for the future, they should be sustainable over time. The purpose of mediation is not to come to an agreement on something that can’t work, only to find yourselves dealing with the dispute again in a month.
Mediation has a very high success rate. Statistically, a resolution is found in approximately 75% of cases. Therefore, about 3 out of 4 cases end with an agreement.
We have an agreement, and what next?
The concluded mediation agreement can (but does not have to) be approved by the court in the form of a so-called settlement. This is especially useful if your dispute is already in court and mediation took place during the court proceedings.
A court-approved mediation agreement has the same weight as a final court judgment. So it’s not just any piece of paper—it’s an official binding document with the same strength as a final court decision. The difference is that the path to a regular court decision can take years, while the path to a mediation agreement takes only hours.
If both parties agree, I can send the proposal for approval of the mediation agreement directly to the court. The court will then approve this proposal through an order, usually without scheduling a hearing. This means that you will simply receive a resolution about the approval of the agreement, without needing to go to court or sending anything else.
By approving the mediation agreement, the court concludes the matter and refunds 80% of the paid court fee.
How long does mediation take and how much does it cost?
Duration
Most disputes are resolved in 2 to 3 mediation sessions, each lasting 2 to 3 hours. The whole mediation process in cases I lead typically takes between 3 and 6 hours from start to reaching an agreement. In family disputes, it usually takes 4 to 8 hours.
However, it is important to note that every mediation is individual and unique. If the dispute is complicated and long-term, it may take longer to find a solution. On the other hand, in more than half of the cases, a solution is found within the first meeting. The better prepared you are for mediation, the more effective it will be.
Price
The basic price for mediation is 3,000 CZK per hour, with each party paying half, i.e., 1,500 CZK per hour (however, you can agree on a different division of the cost).
In disputes with a value over 3 million CZK or in cases where mediation is conducted in English, the price is increased.
The total price of mediation depends on the number of hours we will need. Most often, the entire mediation from start to the signing of the agreement will cost between 4,500 and 9,000 CZK for each party.
I charge by the quarter hour, so you don’t pay for every started hour, but only for the actual time spent on the mediation.
•The basic price of mediation is 1,500 CZK per hour for each party.
• In more than half of the cases, we find a solution during the first meeting.
• Most often, the total cost of the mediation is 4,500 - 9,000 CZK for each party.
•The better prepared you are for the mediation, the quicker we will reach an agreement.
Are you interested in how our collaboration will proceed?
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