Mediation

Mediation with the help of an attorney-at-law

Mediation is a private, confidential and highly recommended way to settle disputes between parties. The procedure involves an impartial mediator who assists both parties to reach a mutually acceptable settlement. 

Note that mediation is impartial, voluntary and affordable and a party can withdraw from the procedure at any stage. The parties may, if they wish, employ a legal counsel or a lawyer. If a party in the mediation procedure is a company, the persons involved in mediation must be authorised to decide on mediation. A mediation agreement reached is binding on all parties.

Mediation is a more flexible, faster and more affordable way to resolve disputes than court proceedings.

Who can act as a mediator?

An attorney-at-law, i.e. member of the Finnish Bar Association, who is registered on the Mediator Register maintained by the Finnish Bar Association may act as a mediator. 

To be registered on the Mediator Register, an attorney-at-law is required to have successfully completed mediator training held by the Finnish Bar Association. Besides this, many mediators have been given further training for the task.

A mediator is an independent expert in mediation negotiations who assists the disputing parties to reach a settlement. It is not the role of a mediator to decide who is right or to issue a decision in the matter, but to assist the parties in reaching a settlement. 

Among other things, a mediator collects information from the parties during the course of the procedure in order to be able to identify the underlying interests of importance to the parties in the dispute. A mediator facilitates negotiations and helps the parties to overcome any deadlock situation. A mediator assists the parties in understanding both their own weaknesses and strengths in the case and those of their opponent as well as encourages the parties to find an amical settlement together.

Please note that mediation is strictly confidential. A mediator is under obligation to keep secret both the mediation and the outcome, and is bound by the normal confidentiality rules applying to an attorney-at-law.

How does the Finnish Bar Association’s mediation differ from other mediation?

Using a mediator from the Finnish Bar Association’s Mediator Register ensures that the mediator is an experienced attorney-at-law who has undergone mediator training for the task. Finnish Bar Association’s mediators have special competence in the legal areas notified. 

Another benefit besides expertise is that the parties can choose the mediator. This the parties can do either by choosing a mediator straight from the Mediator Register or by asking the Mediator Board of the Finnish Bar Association to suggest a suitable mediator for the dispute concerned.

With mediation in court, the district court appoints a district judge as the mediator.

Using the Finnish Bar Association’s mediation as opposed to mediation in court has the benefits of privacy and strict confidentiality, with no information about the dispute or mediation being disclosed to anyone other than the mediator.