PURPOSE OF MEDIATION

Helping people to emerge quickly and effectively from conflict by enabling them to choose their own solution responsibly

WHEN CAN MEDIATION HELP?

Mediation

There’s always a better way to communicate

Mediation definition

Definition of mediation

WHAT IS MEDIATION?

Mediation is a process involving intervention by a third party, which enables a situation to be resolved by means of confidential discussions.

This mediator is an outsider and accompanies the communication in an impartial and neutral manner to create a space for dialogue so that people can think about their intended solutions without any constraints.

As an expert in communications, the mediator supports people in the same way by not forcing his/her own solution or viewpoint but by respecting the solution that people have found themselves with his/her help. The mediator undertakes not to testify in any legal proceedings and not to represent any of the parties as counsel.

The advantages of mediation

Economy

- Fast, inexpensive and flexible process.
- Confidentiality is preserved, damage to reputation can be avoided.
- A mutually chosen solution and therefore sustainable.

Freedom

- Individuals are free to choose the mediator.
- Parties can choose THEIR OWN future-oriented and mutually satisfactory solution.

Communication

We don’t talk to our "enemy" but we will talk to a third party in good faith who listens and understands. They act like a translator from “conflict-speak” to “solution speak”, making sure everyone will be heard and understood.

Examples of mediation

Mediation

In the company

- During restructuring or reorganisation operations, the various stakeholders and players may find it difficult to find their new place, function or status. Intervention by a mediator can help them to understand the company's new challenges, express their expectations, dispel fears and lean in to the new course set by the company.

- When dealing wih impairment of the working environment within a team: it is a question of revealing negative feelings, unspoken intentions, presumed intentions or career rivalries, which can all cause relationships to deteriorate considerably. In this way we can start afresh, re-establish a dialogue between team members. The conflict often has its roots where one least suspects.

mediation

In the family

Example of family mediation
The mediator will be able to help you to express yourself, to re-establish dialogue and to find a lasting and satisfactory solution together. He or she will have a great sense of listening and hindsight and will remain neutral with respect to every situation.

After one or more individual interviews with the mediator you will initiate a joint session.

Conduct of a mediation

1st PHASE: SPEAKING OUT AND LISTENING

You will both speak and listen in turn. .

2ND PHASE: LIST THE SENSITIVE POINTS

We will create a list of the essential points for both. And we'll go in greater depth into the points that the parties consider to be the most important.

3RD PHASE: ACKNOWLEDGE THE EXISTENCE OF THE SITUATION

You might understand each other's point of view a little better. You could say, "I don't agree with you. But I understand how important this is to you."

4TH PHASE : IMAGINE SOLUTIONS

Depending on the needs identified in each case, we will try to imagine all possible solutions.

5TH PHASE: DECIDING ON SOLUTIONS

You will choose the most suitable solutions. An agreement is reached in 70 % of cases and sometimes people reach an agreement on their own afterwards.

PURPOSE OF MEDIATION 1

Telephone interview

We get to know one other and agree on an individual appointment.

STEP 1

Preliminary individual interview

There will be a prior interview with each person, who can then accept or refuse the mediation. 

The mediator will present separately to each party how the mediation works, as well as the process and communication between the parties. This is followed by a listening phase where the mediator will list the facts, consequences and feelings of each party, asking questions to get to the bottom of things.

STEP 2

Joint interview

Each person will be able to express their point of view and then these points of view will be confronted with one another. 

The mediator will rephrase what everyone says. 

Depending on the needs and interests of the participants, the topics to be discussed can be collected. 

Then the participants will creatively and proactively search possible solutions and validate the most satisfactory solution for all participants.

STEP 3
PURPOSE OF MEDIATION 2

The mediation framework

  • Confidentiality: The participants in the mediation and the mediator agree to maintain silence about the content of the discussions. The party that commissioned the mediation may know the outcome, but will not be told any details.

  • The parties are completely independent and the mediator has no decision-making power.

  • Independence and impartiality of the mediator: The mediator will be completely independent of those present and must support all persons equally (no preference). He or she undertakes not to testify in any legal proceedings and not to represent any of the persons as legal counsel.

  • Freely-given consent: Each person, as well as the mediator, may discontinue the mediation at any time if he or she wishes.
PURPOSE OF MEDIATION 3

The cost and time required

The remuneration of the mediator is based on an hourly or daily rate, which is agreed upon commencement of the mediation.

Usually the costs are borne equally by the parties.

The average duration of a mediation is three to five sessions.

Your mediator

PURPOSE OF MEDIATION 4

Kerstin Brenner

Your mediator

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What our clients have to say

Meet our clients

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