MEDIATION: Cooperative conflict resolution

Mediation is a modern, cooperative method of conflict resolution in which a neutral third person, called the mediator, supports the parties in settling their dispute.

The mediation procedure is a flexible and confidential out-of-court method in which the adversarial parties jointly work out an agreement in professionally managed and structured negotiations.

The essential difference from court litigation lies in the fact that the parties themselves actively and on their own cooperate in finding a solution to their dispute that accords with their interests. The power to decide on continuing the mediation procedure and its outcome remains with the parties at all times. The mediator in this context is neither a judge nor an arbitrator but a broker brought in by both sides to guide them, on the basis of his/her training and experience, through the procedure without coercion. With professional competence and appropriate methods the mediator provides the parties with support in defining their interests and jointly developing problem solutions oriented towards the future.

Subsequent examination and evaluation of the solution possibilities found transitions into working out the most appropriate solutions for all the parties. The agreement, worked out together with the adversary and pointing to the future, increases its acceptance and viability for both parties.

To finalise successful mediation, it is possible to include a (legally binding) agreement that the conflict parties sign and then implement.