What is Mediation
Mediation is a process in which an independent, professionally trained mediator helps the parties to improve their communication and in some casses to work out arrangements.
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Workplace mediation focuses on conflicts between colleagues and inter-organizational relations in general.
Family mediation helps you to find solutions for you, your children and your finances in case of a separation and can help to improve communication in general as well.
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Mediation helps the parties to stay in control.
I will help you find a solution which works for you both or if an agreement cannot be reached, I will help you find a way to communicate about this.
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Information Session on Mediation
As a first step, we ("we" meaning all of the parties involved in the case and me, the mediator) have a first session of 60 minutes, either online or in person, where I will give you the most relevant information on the Mediation process.
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This will be the opportunity for you to better understand the aims and the methods of Mediation and to ask any question that you may have concerning the process.
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At this first session we will not go into the details of your case yet. I will ask only some questions, mostly to see if Mediation is appropriate in your situation and whether a first seperate meeting with both parties would help the process or we should start Mediation with everyone present together.
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After this session you will have a reflection period of 7 days to decide whether you wish to engage in Mediation or not. If the answer is yes, an Agreement to Mediate will have to be signed by both parties.
The Process of Mediation
If both parties agree to Mediation, the real work shall begin. Depending on different factors, the sessions can be organized online or in person.
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If a first seperate meeting with both parties proves to be necessary, then I will meet you seperately for a 90 minutes session each. This will be a preliminary Mediation where we will already go into the details of your case and have a first discussion about your needs and your understanding of the other party's situation. The seperate sessions are later followed by a joint session.
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In some cases, seperate sessions are not necessary and we can start right away by meeting all together.
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At the joint session, planned for 2h30 with 1 break, the main steps shall include:
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First statement by one party, expressing their thoughts without interruption
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First statement by the other party, expressing their thoughts without interruption
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The Mediator establishes the topics to be discussed in detail
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Discussion with the lead of the Mediator
This is where the "Mediation magic" happens.
This is when the Mediator gets to use all of the Mediation techniques he or she has been trained for. Listens, sums up, rephrases, asks questions and keeps the communication afloat. Sometimes "caucuses" (seperate discussions with the parties) can be justified. The Mediator makes sure that both parties are listened to and that their needs can be expressed.
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Working on the written agreement
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( + 1: Post Mediation feedback from both parties.)
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A Mediation can comprise several joint sessions, depending on the case at hand. In specific cases involving more than two persons, we might proceed with the sepcific methodology of a so-called group Mediation.
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The Advantages of Mediation
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In court proceedings, the parties entrust the resolution of their respective dispute to a person (a judge) empowered by the state, who will declare a "winner" and a "loser" among them. The process is usually long, costly, stressful, and ultimately costly even for the “winner”.
In contrast, Mediation can be considered more rapid, overall cheaper, and ending in an acceptable manner to both parties (amounting in some cases to a "win-win"). This can be true even when no concrete agreement is reached, but progress is being made in terms of communication between the parties.
If an agreement is also reached, we can be sure that it comes from those who are the main experts in the case: the parties themselves.
Mediation aims to (re)build cooperation and partnership among the parties involved.
Contact
If you think Mediation could help iin your case, don't hesitate to contact me.
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I am also at your disposal if you need to have a Court mandated Information Session on Mediation.