Mediation

Mediation is a voluntary process designed to facilitate the resolution of conflicts through open communication and mutual understanding among disputing parties. Unlike formal legal proceedings, participation in mediation is entirely optional, with individuals choosing to engage in the process willingly.

Crucially, in mediation, there is no binding agreement unless all involved parties find the resolution acceptable. This ensures that each participant has the opportunity to voice their concerns, needs, and preferences, and that the final outcome reflects a consensus that satisfies everyone involved.

A key characteristic of mediation is the role of the mediator, who acts as a neutral facilitator. The mediator remains neutral in the interest of all parties. Their objective is not to take sides or make decisions but rather to guide the conversation, assist in exploring interests, and help participants reach a resolution that is fair and acceptable to all.

Moreover, mediation recognizes the importance of self-determination. Instead of imposing solutions, the mediator supports individuals in understanding their own wants and needs. Sometimes, having someone assist in clarifying desires can be more effective than having solutions dictated from external sources.

In essence, mediation encourages a collaborative and voluntary approach to conflict resolution. Participants are empowered to actively engage in the process, and the mediator's neutrality ensures a fair and balanced discussion that leads to a resolution aligned with the collective interests of all parties involved.

Introduction

The first phase of mediation plays a crucial role in setting the tone for the entire mediation process. The mediation process gets explained, the role of the mediator also questions and concerns get addressed. During this initial stage, the mediator establishes a conducive and collaborative environment, fostering open communication and confidentiality between the parties involved. This phase is used to establish the setting of the mediation such as time, place and payment. The aim is to develop a mediation agreement.

Topics

The second phase of mediation, often known as the "exploration" builds upon the foundation established in the opening phase. During this stage, the mediator guides the parties through a deeper examination of the issues at hand, helping them identify the topics that need to be resolved between the parties. The aim of this phase is to establish the topic which needs to be discussed. If there are more then one topics the first or the order in which the topics will be solved will also be established.

Finding Interests

The third phase of mediation is the key and beauty of the mediation process. In this phase the interests and needs of each party get addressed and elaborated with care and finesse. This plays a vital role in turning hard driven positions into open negotiable subjects.

Finding Solutions

With the now clarified interests and needs of each party the solution finding process begins. As in each phase there are many different approaches to this phase. One approach which proofed it self effective is to start with a type of brainstorming where each party makes suggestions for possible solutions without any valuation.

In the next stage a possible solution gets chosen to be elaborated and worked out in detail. If it seems to be a non suitable solution for one or more parties this stage starts again. If the solution is approved and beneficial for both parties, a non binding provisional agreement is made and gets put into action until the next meeting.

Agreement

In the last phase of the mediation process the agreement is made. In experiencing the non binding provisional agreement the parties involved really understand the benefits or maybe flaws of the solution and get to adjust the agreement until every party is truly satisfied with the outcome. When this point has been reached an agreement is made and will happily be implemented. Should any unexpected difficulties arrive the mediation process will be continued.