Acta Universitatis Danubius. Juridica, Vol 13, No 2 (2017)

Mediator's personality in specific legal disputes: sports related disputes and healthcare related disputes

Marina Kamenecka-Usova, Karina Palkova

Abstract


Mediation is the most amicable alternative dispute resolution method, not mentioning such advantages as confidentiality, opportunity for the parties to find mutually beneficial solution by themselves and possibility for the parties to presume good relationships after reaching a consensus. In order to end up with consensus, mediation process has to be built on the skills and expertise of a mediator, a third party facilitating the communication and organizing the whole process. This article shall focus on the mediator’s personality, i.e., skills and expertise, required to assist parties in rather specific legal disputes, such as sports related disputes and healthcare related disputes, where according to the authors “industry expertise” is needed in order to perform mediator’s duties. Also article shall delve into defining sports related disputes and healthcare related disputes in order to show the reader the diversity of such legal conflicts and challenge the view that mediator shall only have good skills and knowledge of the mediation process, where substantial knowledge of the “dispute field” is not required.

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