Mediation from the viewpoint of the judge Dr.iur. Zane Pētersone Judge at the Civil Cases Department of the Supreme Court of Latvia; representative of Latvia in GEMME Mediation from the viewpoint of the judge

Mediation systems Free mediation Court-annexed mediation Court mediation Integrated mediation

Latvian Mediation Law Court-annexed mediation – in Latvia since 01.01.2015. Obligation for the judge/the court to inform parties about mediation (to suggest mediation): - when the claim statement has been received - when preparing the case for trial - during the preparatory hearing during the main hearing List of (38) certified mediators

Why to refer parties to mediation? Mission of a judge Satisfaction for a judge Rule of law Economy of resources

When to refer parties to mediation? Options for the parties: negotiations conciliation mediation arbitration court

How to refer parties to mediation? To persuade or to allure? To tell or to interrogate? Rights or interests? Techniques similar to the mediator’s techniques

Stages Conflict diagnosis (type and escalation) Clarifying parties’ interests Clarifying the best option to solve the conflict Explaining the best option to solve the conflict Referral of parties to the best option

Skills To gain parties’ trust To recognize parties’ emotions To gain information To summarize information To see possible solutions

Myths about mediation Mediation does not work Mediation is not for parties in conflict Mediation is not successful if there is no agreement signed There is no mediation possible now, if it had already been tried before and had not brought the parties to an agreement

Hopes for future Mediation officer (mediation desk) in every court Informed society Cooperative lawyers Educated and well-trained judges and court staff