Media­ti­on for conflict resolution

Media­ti­on is a struc­tu­red approach to conflict resolu­ti­on. You can also simply call it conflict modera­ti­on. The special thing about it: Media­ti­on has been proven to be over 85% successful. The process of Compa­ny succes­si­on media­ti­on is safe, secure, fast and cost-effec­ti­ve. The secret of success: the conflict parties themsel­ves work out their own soluti­on with the media­tor. Without judge­ment and under the princi­ple of joint “win-win” options.

Why media­ti­on at all ?

  • How many hours, days or even weeks do you spend dealing with your conflict over and over again? 
  • How much energy, nerves and time (and there­fo­re also money!) have you inves­ted so far and would you like to conti­nue to invest in this conflict in the future? Without a concre­te soluti­on being foreseeable?
  • Do you fear health problems in the long run if the current situa­ti­on continues?
  • Do you feel the conflict(s) as a burden? Please rate yours­elf on a scale of 1 ? 10 (1 = low burden / 10 = extre­me burden)
  • Do you think that your family system, your bond with friends, your relati­onship with co-workers, will be damaged if the conflict conti­nues, or will it also have positi­ve effects? 
  • Is your company/work suffe­ring from the conflict?
  • Does the conflict/situation limit your quali­ty of life?
  • Would you like to reach an out-of-court soluti­on as quick­ly and confi­den­ti­al­ly as possi­ble that is support­ed by all parties invol­ved in the conflict?
  • Would you like to take respon­si­bi­li­ty for resol­ving the conflict and perhaps even increase your competence?
  • If you decide to engage in media­ti­on, is this done openly and volun­t­a­ri­ly or do you feel it is a pressu­re situation?

The nature and benefits of mediation

Media­ti­on is Latin and means ?media­ting? ? neutral ? not turned towards either party. Aristot­le and Plato alrea­dy menti­on media­ti­on in their works. In the USA, it has been partly a legal first name proce­du­re for many years. In Germa­ny, media­ti­on has been an integral part of legal dispu­tes since 2013. Media­ti­on is a conflict resolu­ti­on process that is modera­ted by neutral third parties (media­tors) in a struc­tu­red and effici­ent soluti­on-orien­ted manner.

The ?method? Media­ti­on is based on volun­t­a­ri­ne­ss, perso­nal respon­si­bi­li­ty and commo­n­a­li­ty of the persons invol­ved in the conflict. At the successful end (a good 85 % (!) of media­ti­ons in Germa­ny are successful) there is a soluti­on that was worked out by the conflict parties themsel­ves in the process and is there­fo­re usual­ly imple­men­ted by the parties with high motivation.

  • A media­ti­on process is cheaper and faster than legal proceedings 
  • Media­ti­on is strict­ly confi­den­ti­al and remains within a protec­ted framework
  • Media­ti­on requi­res an open and coope­ra­ti­ve attitu­de on the part of the participants
  • Results are recor­ded in writing and voted on
  • The media­tors are respon­si­ble for the process and the exchan­ge between the parties, but not for the substan­ti­ve outcome. 
  • A media­ti­on process can be termi­na­ted at any time by the parti­ci­pan­ts and the mediator
  • A media­tor is neutral, non-parti­san, non-judgmen­tal, non-judgmen­tal and non-decisional

The struc­tu­re of mediation

  • the clari­fi­ca­ti­on of the manda­te (client, locati­on, scope, finan­ces, parti­ci­pan­ts, volun­t­a­ri­ne­ss and, if appli­ca­ble, also inclu­ding indivi­du­al analy­ses before the procedure).
  • prepa­ra­ti­on (organi­sa­ti­on of space, frame­work condi­ti­ons, struc­tu­re of content)
  • the intro­duc­tion (proce­du­re, time, rules of the game, tasks, process?)
  • Clari­fi­ca­ti­on of the views of all parti­ci­pan­ts, trans­la­ti­on work, develo­p­ment of focal points or bundling of topics.
  • the clari­fi­ca­ti­on and deepe­ning of conflicts (very important)
  • the problem-solving phase incl. possi­ble agreements
  • the goal: a joint­ly formu­la­ted soluti­on incl. logging

As a conse­quence and free option, there is also the possi­bi­li­ty of estab­li­shing a conflict cultu­re in a family and/or in a company/organisation in the long term.

There are exten­ded possi­bi­li­ties that aim to make an exter­nal media­tor super­fluous in the medium and long term. For us, as media­tors at KERN, this is the most meaningful and fulfil­ling vision of our work!