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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
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Mediation systems Free mediation Court-annexed mediation
Court mediation Integrated mediation
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Latvian Mediation Law Court-annexed mediation – in Latvia since 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
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Why to refer parties to mediation?
Mission of a judge Satisfaction for a judge Rule of law Economy of resources
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When to refer parties to mediation?
Options for the parties: negotiations conciliation mediation arbitration court
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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
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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
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Skills To gain parties’ trust To recognize parties’ emotions
To gain information To summarize information To see possible solutions
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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
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Hopes for future Mediation officer (mediation desk) in every court
Informed society Cooperative lawyers Educated and well-trained judges and court staff
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