Conflict of Values Subject to Mediation Proceedings

The aim of this study was to reflect scientifically on the possibility of resolving value conflicts through mediation proceedings and on methods of resolving them. First, the relationship between law and values was discussed, stating that law and values form an interconnected system of vessels. When it comes to conflict resolution through mediation, law and values provide a mediator with a normative-axiological framework to communicate with the conflicting parties and assist in creating adequate solutions. A deeper analysis of the nature of value conflicts led to an observation that they are caused by divergent value systems upheld by the people involved, but that the difference in preferred values alone does not necessarily lead to conflict. A factor that is a catalyst for value conflicts is a determined imposition of one's own values on others, without tolerance towards the others’ axiology. The final section of the article emphasises that mediation is a legal and values-based instrument, but at the same time it offers an advantage of minimally formalised proceedings. This is why mediation provides an advantageous space for resolving values conflicts, when led by a professional mediator. Based on the assumption that values are non-negotiable, three possible ways for a mediator to intervene in a values conflict were identified, i.e. avoiding defining the problem in terms of values, seeking an overarching value, reframing the parties' perception of the object of the dispute and of the opposing party through the mediator’s sharing their own experience of values.