Mediation

Dr. Helmut Schwärzler is a lawyer and mediator. Below you will find an overview of the subject of mediation and its application in practice.

Mediation is a form of alternative conflict management in which the dialogue is promoted between the disputing parties. This way mutual understanding is made possible and an effort is made to find joint, constructive solutions for the future which are suitable for the interests. It is the aim of the mediation proceedings to be able to conclude a contract which is agreed between the mediating parties (disputing parties) based on mutual respect and a fair balance of often conflicting interests.

Mediation thus represents an alternative to battle, injury, allocation of fault and the destruction of relationships.

The starting point is the knowledge that partners in conflicts are capable of jointly finding the solution which is acceptable for them. This presumes of course that the parties involved enter into talks again which are constructive so that all opinions and points of view are heard.

To this end the majority of people need support in the person of a mediator in conflict situations. A mediator assumes this task without making suggestions, sentencing any parties or taking sides.

Mediation concerns understanding – not insisting on being right. There are no losers. Both parties can only win in constructive talks.

Mediation is primarily a verbal method. This means that talking to each other (facts and feelings) and mutual listening play an important role. Mediators are responsible for the fact that this happens in the right way and the right conflict points are actually elaborated.

Mediation is based on the principle of voluntary participation.
Mediation methods can be applied in many areas – profession, family, neighbourhood, public issues.

We will be very pleased to inform you individually about the possibilities for carrying out mediation. Contact

Mediator
Principles of mediation
Schedule of the mediation proceedings
The conflict

Mediator:

A mediator is an unbiased, neutral mediator in disputes and with conflicts. He is willing to enter or be pulled into the middle of conflicts and thereby pay attention to the requests and needs of all parties involved and to increase the mutual appreciation of the parties. Thus the leeway for action and solutions is extended.
A mediator encourages the parties involved to personally take responsibility for their interests and needs and to show consideration for those of the other parties involved.
A mediator is not a therapist who deals with mental problems or relationship problems. Neither is a mediator a judge who pronounces judgements or a lawyer who represents the interests of individuals with advice.

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Principles of the mediation:

» Voluntary participation: The mediating parties voluntarily take part in the mediation. A termination of the mediation proceedings by one party is possible at all times.

» Confidentiality of the mediation process: None of the information which is disclosed in the mediation process may be used either in other mediation proceedings, or in subsequent or parallel pending court proceedings.

» Language: The disputing parties formulate their issues and problem areas in their own language. The language of the mediation is the language of the mediating parties, whose designations and descriptions apply.

» Orientation to needs: Precedence will be given to the needs and interests of the individual mediating parties over determining facts and researching into causes.

» Direct mediation: A direct, joint talk enables flexibility, also for positions and knowledge and with solutions. In situations, in which the simultaneous presence of all mediating parties in one room is a hindrance, progress can be achieved in an atmosphere in separate rooms.

» Understanding, consent, agreements: Only understanding, consent and agreement guarantee that a sustainable solution can be found.

» Ability to implement a solution: The ability to implement a solution is taken into consideration at the same time during the mediation process.

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Schedule of the mediation proceedings:

1. Initial talk / introduction and mediation contract:
In an initial phase, the mediator will contact all parties involved. The motivation for and the existence of the pre-requisites for a mediation will be clarified, the basic rules drawn up and a mediation contract will be negotiated.

2. Collection of issues:
Problem areas and issues which are to be discussed will be collected. Areas upon which the parties do not agree will be elaborated and reference points will be highlighted for the events of decisions so that mutual definitions of problems can be drawn up.

3. Conflict processing or clarification of interests:
The interests and needs of the individual mediating parties, which are behind the conflicts, will be disclosed. Blocked and communication and conflict patterns which have got into a rut will be disclosed and processed.

4. Development of ideas for solutions:
Ideas for solutions will be collected. This will happen to the extent that ideas for solutions are collected within the framework of a brainstorming process and consequently further developed together. The ideas for solutions which have been drawn up will be subjected to a thorough examination and consequently examined for their suitability for the daily routine.

5. Agreement:
The solution, which was drawn up jointly by the parties, will be summarised in the form of an agreement which is concluded legally binding. The solution can be subjected to an examination by the lawyers of the mediating parties before conclusion of such an agreement.

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The conflict:

As it concerns needs with conflicts, the satisfaction of which is questioned through the dependency, conflicts appear to be a threat. The more important a need is for one party, the stronger the threat is experienced. This can lead to various degrees in which anger, fear and the feeling of helplessness are expressed. Our perception and our intellectual capacity are changed significantly through the respective intensity of a conflict and the resulting feelings. The stronger the emotion, the less we are in the position to think rationally about what needs to be done. And we tend to react all the more in usual patterns or automatisms.

A conflict is not “solved“, but only managed, taken care of or handled as long as one of the parties in the conflict does not manage to no longer have the need which was manifested in the conflict or to release the dependency on the other partner in the conflict, thus to become independent. Many conflicts continue to exist, because the parties also already connect very strong emotions with the conflicts. These feelings remain as memories and at the same time the conflict, in which they were produced and with which they are associated, is also stored in these memories.

The mediation should help the disputing parties to reach a compromise. This means that

» a mediator does not decide which of the parties in the conflict is right;

» a mediator is not unbiased or above the party lines, but is there for all parties;

» that trust can be placed in a mediator which the parties in the conflict no longer have towards each other and that the mediator must handle this trust carefully;

» a mediator ensures that both parties in the conflict can be satisfied with a solution as far as possible;

» the parties in the conflict can save their face;

» the parties in the conflict can communicate with each other again.

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