Articles · Disputes over facts
When the parties argue about the facts
How much it costs to fix defects, whether goods are faulty, what a stake is really worth — negotiations often stall on the question “whose report is right”. A mediator is not a specialist or an expert: he does not measure, value or decide who is right. His job is to help the parties agree how to establish the facts, whom to bring in for that and what to do with the result.
“The repair costs 1.4 million”
“The repair costs 380 thousand”
One specialist chosen together; questions agreed together; costs shared equally — and it is clear in advance how the conclusion will feed into the agreement.
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Mediator and specialist — the difference
These are different roles, and one does not replace the other. A specialist answers the question “what is the state of the object”. A mediator helps the parties decide what to do about it.
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How a mediator helps when the dispute is stuck on facts
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Unpack the disagreement
Compare the parties’ reports: often the difference is not in the method but in the source data, or in the specialists having been asked different questions.
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Understand what the parties need
An exact figure, a clear way of calculating, or confidence that you are not being cheated. Sometimes the dispute over facts goes away without any new study.
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Agree on a specialist
The mediator does not carry out the study and does not push “his own” specialist. The parties choose one themselves, and the mediator helps them agree on the procedure: who proposes candidates, who pays, timing, access to the object.
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Agree on the questions
Together and neutrally: a question with a built-in answer won’t convince the other side. The mediator makes sure the questions are specific, verifiable and equally clear to both parties.
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Hear the specialist together
With the parties’ consent and a confidentiality undertaking, the specialist can come to a meeting and explain the findings to both sides at once, answering their questions.
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Build the finding into the agreement
Decide in advance how the result will affect the amount, the timing and how the agreement is carried out — so that the report doesn’t start a new dispute.
Example: how a mediator helps reword a question
Confirm that the contractor violated the technology.
Does the work performed meet the terms of the contract? If not, what are the discrepancies and what does it cost to fix them?
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If the case is already in court
A court-ordered examination is appointed by the court, which also has the final say on the questions and the expert institution. But the parties may propose their own questions and a specific institution (Art. 79 of the Russian Civil Procedure Code, Art. 82 of the Arbitrazh Procedure Code).
The mediator can help the parties submit a joint proposal: one institution and one set of questions instead of two competing motions. And once the examination is done, he helps the parties discuss soberly what it means for each of them — instead of arguing over a repeat examination that means more months and costs with an unknown outcome.
The result of an examination is often a moment for settlement: the facts are clear, and what remains is to agree on the consequences. With a settlement agreement before the first-instance judgment, the claimant gets 70% of the court fee back. Calculate →
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What to bring to the meeting with the mediator
The mediator does not need the whole case file — they need to understand what the dispute is about and where the parties disagree.
Documents
The contract, acceptance certificates, key correspondence; any existing reports in full, with appendices; if the case is in court, the case number.
Subject of the dispute
Photos and a description of the flat, goods or works; who currently has access to it; whether a joint inspection is possible.
Your answer to one question
“What needs to happen for this dispute to be over for me?” — this matters more than any paperwork.
Confidentiality
Nothing you show the mediator will go to the other side or become evidence in court without your consent.
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How this might look in an agreement
- The parties jointly instruct the specialist [name / organisation] to determine the cost of remedying the defects.
- The questions for the specialist are agreed by the parties and set out in Appendix No. 1.
- The parties bear the cost of the study in equal shares.
- The parties accept the specialist’s conclusions as the basis for calculating compensation under clause [N].
An example for illustration. The parties work out the actual wording themselves, with their lawyers if they wish.
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