The process of assisted negotiation and urban mediation is one that aims to help the stakeholders (citizens, businesses, the municipality, national institutions) to reach a solution through negotiation and to improve their communication and opportunities for future interaction in the context of urban development.
Our mediators are experts in spatial planning and urban policies who believe that only together we can achieve more and make cities healthier, more beautiful and more functional. The procedure is an out-of-court way of resolving disputes, but can also be conducted in the case of pending legal proceedings.
The procedure can also be conducted online.
We follow strict principles for conducting our procedures:
- Voluntariness
- Equal treatment
- Neutrality and Impartiality: ensuring that no conflict of interest arises and creating the possibility of recusal;
- Confidentiality: oral statements; documents; individual meetings; notes.
*As the procedure is similar to standard mediation, our team accepts and follows the key mediation principles. They are in synergy with KOMPONENTA’s operating principles.
Procedure
(what to expect and how a mediation process takes place):
- Submission of request to start the assisted negotiations and urban mediation process
Request for assisted negotiation and urban mediation in writing or by telephone. Such a request can be made by the municipal administration, businesses, research, industry and/or civil society organisations. The request could be put forward by more than one person/organisation. Each request should be submitted with the necessary documents, if any.
The request must briefly describe the case and the involved parties. An important part of the initiation of the procedure is the explicit consent of each of the parties.
Selection of a mediator/negotiation consultant /a neutral expert/ – each party may nominate one from the list provided by our company. If they cannot agree on the person – it is possible to conduct the procedure with two co-mediators /with each party nominating one/.
The individuals who participate in the examination of the given dispute during the mediation procedure /the neutral experts/ must be independent, impartial, possess the necessary expertise and meet the following requirements:
- They must have the necessary knowledge and skills in the field of out-of-court or judicial settlement of urban environment and spatial planning disputes;
- They cannot be dismissed/replaced without just cause;
- They should not receive instructions from the parties to the dispute or their representatives;
- They receive remuneration which is not dependent on the outcome of the alternative dispute resolution procedure;
- They possess additional skills and knowledge in dispute resolution and/or have acquired additional qualifications in this field
- Meeting the mediators/neutral negotiation experts
Once the parties have agreed to participate they are introduced to the people who will guide them through the process of finding common solutions. The parties could chose to also involve lawyers or other experts in the procedure but this must be indicated in advance.
- Signing an agreement for assisted negotiations and urban mediation
It is possible that the actual signing of the agreement will take place at the first joint meeting, but it is important that the parties have familiarised themselves with it beforehand and have a general idea of the framework of the process.
- Fees and payment
The payment of the fee takes place after the signing of the agreement (where contains information about the exact amount to be paid. Additionally, the sharing of the fee by the parties shall be agreed. Payment shall be made to the company’s bank account.
- First joint meeting of the parties
The first meeting takes place at a time and place (at Komponenta’s office, online or at another place) agreed upon by the parties.
At this first meeting the involved parties and the mediator/neutral expert are introduced, the procedure and the roles of the participants are presented, as well as the rules of the mediation procedure and the general framework. Each party sets out their position in relation to the case.
- Following joint meetings, if necessary
Depending on the case, it is possible to start with individual meetings and then move to other joint meetings. It is also possible to organize several consecutive joint meetings. The work strategy and the organisation of the meetings is formed in the course of the work with the parties.
- Individual with each party, if necessary
Note 1: The number of joint and individual meetings is different for each case and is determined in the course of its resolution.
Note 2: The confidentiality of the information shared and discussed during the individual meetings is fully guaranteed. During the joint meetings only the information that the party has explicitly agreed to disclose to the other party will be discussed.
- Final joint meeting
This is the point at which the parties come together to analyse the whole process and see how far they have come together. The main points of the Draft Agreement that they will sign as a result of their joint efforts in the process are described.
- Creating the draft agreement
Drafted by Komponenta’s team and verified by each party at the final meeting.
- Legal consultation prior to the signing of the settlement agreement, if necessary
Depending on the case and each party’s commitments under the Settlement, the parties may wish to consult a lawyer if they feel they need legal advice before signing the final Settlement.
Note 3: In general, the assisted negotiations and urban mediation processes are open to each party’s attorneys. Either party may consult or invite their lawyers to the meetings.
- Signing the settlement or ending the proceeding without an agreement
In the second case, a record is drawn up stating the date of termination of the procedure.
- Once the procedure has concluded all the documentation related to the case is kept and archived at Komponenta.
