You have a conflict which consumes your time and energy,
and you seek professional support?
The art of mediation
Mediation as a form of alternative dispute resolution can be described as a process in which the parties to a dispute are composed under the guidance of a mediator to a mutual conflict conversation.
The humanistic - systemic view lays the foundation to the approach of mediation. In comparison with other approaches, parties to mediation remain masters of the process and determine what will be discussed, at what time, when breaks are needed, and how the process proceeds. The mediator sets the overall framework, and ensures that they receive a description of the facts from the perspective of all parties, paying attention that all relevant points are included and discussed, that potential risks to a favored solution are thoroughly considered and that all relevant stakeholders are involved.
The parties in turn work intensely on the content, by addressing all the topics to be discussed. Compared to other methods of conflict resolution,
mediation is often successful, because the parties frequently develop new solutions on a win - win basis. These solutions derive from a more constructive and different understanding of the other party´s point of view, gained by the translation performance of the mediator; and solutions found on such a mutual basis are much more convincing and naturally more durable than solutions developed and given by third parties.
According to a number of different studies, the immense costs of a conflict can be substantially reduced with the help of mediation. For a mediation to be successful, parties must participate voluntarily, actively communicate, and act self-determinedly whilst earnestly striving for a solution. The mediator ensures equal treatment of all parties, fairness of the process and confidentiality.
As a certified mediator, I have completed extensive training and work according to the rules of the EU Code of Conduct for Mediators.
"Beyond right and wrong there is a place. There we meet."Rumi
The mediation process
The process of mediation is basically composed of different phases, which are briefly outlined below:
I. Preliminary contact
Preliminary contact by phone or personal meeting to clarify the question as to whether mediation is suitable for the concern at hand, clarification of costs etc.
II. Actual mediation
Phase 1 Introduction, discussion of open questions, etc.
Phase 2 Summary of the case from the perspective of all parties before the mediator
Phase 3 Collection of the topics to be dealt with between the parties, and determining the order of the topics to be discussed
Phase 4 In-depth discussion and elaboration of the interests of all parties involved on the various topics
Phase 5 Brainstorm solutions and developing a realistic solution scenario
Phase 6 Written record of the agreed solution and conclusion
III. Review after a few months (optional)
The duration of a mediation varies depending on the complexity of the issue. In some cases a single appointment may suffice while especially more complex cases require a couple of meetings. In case the mediation comes to a halt and progress seems to be at peril the mediator may ask the parties to meet in single i.e. separate sessions with all parties in which the irritations and obstacles may be more openly discussed. As a matter of cause any information revealed during these talks remains confidential unless you – the party – decide to verbalize it in the resumed mediation process.
Benefits of mediation
The approach of mediation is not only applicable to a broad range of issues but also has many advantages in comparison to more conventional conflict resolution approaches particularly in contrast to the long lasting, expensive and unpredictable court proceedings. Make use of the advantages of mediation since...
... Mediation is very inexpensive compared to other methods;
... Solutions can be completely individual, unconventional and creative;
... The parties to a mediation remain in control of the process and the result is fair and just according to your set standards;
... Relationships between you, the parties, will remain intact or could be even fundamentally improved;
... Your requests can be processed in a comparatively short time and on short notice; and
... While many other methods are focused on the past looking for a culprit, mediation is future - oriented and focused on the question: "How can a problem be solved creatively?".
Fields of application
Mediation as a means of conflict resolution can be applied in diverse areas, e.g. in the following:
- Neighborhood disputes
- Intercultural conflicts
- Mediation as a means to settle court cases, i.e. pre-trial dispute processing and mediation in the context of ongoing processes
- Business succession
- Internal family conflicts
- Partnership issues
"Quarrels would not last long if the fault were only on one side."La Rochefoucauld