„We cannot direct the wind, but we can adjust the sails“
What is mediation?
Mediation is a method of conflict resolution based on the principle of cooperation instead of confrontation. It is an alternative to traditional court proceedings.
Unresolved conflicts in and between companies, also in an intercultural context, not only cost a lot of time and money, they also damage the company's reputation. In mediation, a consensus (win-win solution) should be achieved between the conflicting parties.
Compared to judicial proceedings, in which a judge speaks a judgment based on past behavior, in mediation the solutions for the future are worked out by the clients themselves. This means that the mediation is solution and future-oriented as well as self-determined.
Mediation is one of the alternative forms of dispute resolution (ADR) and has become an indispensable part of business life.
In a non-binding information meeting, we will clarify whether mediation is the right method for you to resolve disputes. It is important that all those involved voluntarily take part in mediation and are open to this process.
Mediation is a structured process that is divided into different phases.
The result of a mediation process not only represents a settlement of the conflict, but also serves to improve the relationship between the parties involved in the original conflict.
At the first meeting, the procedure and the process are presented, the communication and mediation rules are defined, the role of the mediator is explained and the mandate (mediation contract) is given to the mediator.
In this phase, the topics of the conflicting parties (mediands) are collected and each party is given the opportunity to present the conflict from their point of view.
The topics collected in phase 2 are treated in terms of the underlying interests and needs. This serves in particular to gain clarity with regard to facts and emotions and to shed light on the causes of the conflict.
Based on the interests and needs of the parties, solution options are sought and collected using creativity techniques such as brainstorming. The various options for dispute resolution are then assessed. At the end of this phase, there are feasible proposals that the parties consider fair.
The feasible solution options developed in phase 4 are documented in a contractual agreement (mediation agreement) as the final solution to the conflict.
Conflicts can take on different dimensions. Some have only two participants, others are more complex and consist of several conflicting parties. Especially in business mediation, the extent of the effort can only be determined in an initial discussion and a cost forecast can be made accordingly.
Free initial consultation
If you have any questions about the mediation process and to make an appointment for the first meeting, please contact me on +43 (0)664 8862 4010.