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Mediation
... or the path from conflict to cooperation
What are you currently working on the situation?
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At work, they hired a new colleague for the position of head of department, with whom I have to work closely - we did not sit down together, but I do not want to leave the company because of her.
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Neighbors mind our wall, which we have built between plots, but we want privacy. They complain about us at all possible institutions.
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We are divorcing and we can no longer sit together at the table and make a reasonable agreement.
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Or something else where you can no longer agree with someone yourself, but you don't want to judge.
What do I offer?
Mediation
Mediation is a way of resolving a conflict, where 2 parties come together and find the best possible solutions with the participation of a mediator.
In which cases is mediation appropriate?
Wherever both parties want to agree.
In what area do I act as a mediator?
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Labor disputes - relations between employer and employee, between employees; between the employer and the trade union
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Civil disputes - eg neighborly relations
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Business disputes - relations between supplier and customer
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Disputes with a public element - eg with a state administration or self-government body, etc.
How does mediation work?
Contact me one by one. After finding out the area of the conflict, I contact the other side.
If both parties are interested, we will agree on a specific date and place for the meeting.
At the meeting, the parties first explain the situation they want to resolve (each party from its point of view), and with the help of a mediator resolves their situation in order not to find a suitable solution for both parties.
Finally, they can write a mediation agreement. This agreement is also drawn up by the participants in the mediation together with the mediator, and the participants then take the agreement away.
I offer mediation according to the client's wishes - offline or online.
Mediation
Mediation is a way of resolving a conflict, where 2 parties come together and find the best possible solutions with the participation of a mediator.
The parties (NOT the mediator) are responsible for reaching an agreement.
One mediation meeting is a maximum of 3 hours. If both parties want to continue mediation, they agree on another date.
In the event of failure to reach an agreement through mediation, it is always possible to proceed to a judicial solution.
Principles of mediation:
Volunteering. You are at the mediation meeting voluntarily throughout the mediation. If you do not want to continue, you can leave at any time.
Secrecy. The mediator is bound by secrecy about the facts that the participants deal with during the mediation meeting.
The impartiality of the mediator. At the beginning of the mediation, the mediator declares that he does not know either party and is not related to any of the parties. If the fact is different, he is obliged to inform both parties about this fact.
Who is the mediator?
A mediator is a person who knows the techniques of mediation and can use them. It provides a framework for the meeting and leads the parties to a solution. It is independent / neutral towards both parties.
Where is mediation appropriate?
Wherever both parties want to agree.
Advantages of mediation:
It can be agreed in a short period of time in the horizon of 1 month
Significantly cheaper solution than the court
The parties can have more influence on the result
By finding the best possible solutions for both of them, the parties can communicate with each other in the future after the end of the conflict.
Less stress burden compared to the court
The first meeting with the mediator ordered by the court
that is, the court may order a meeting with the mediator - but only this one.
The goal of the first meeting with a registered mediator is NOT to mediate.
How is the ordered meeting with the mediator?
At the beginning, I inform the participants about what mediation is, how it takes place
I will let the participants briefly describe their situation and ideas about mediation and answer additional questions.
Finally, I let the participants decide if they want mediation .
Examples from my practice:
Situation: We adopted a new colleague for the position of head of department, he should cooperate with the second department head. Both women had different views on the activities of the departments they controlled and communication was stuck. This started to make mistakes that hit customers. Both employees were interested in the company.
How did mediation help clients? With the help of mediation techniques, the employees sought a solution to their situation. The mediator helped them find out what they agreed on and where they both benefited the company.
Result: Both colleagues clarified the situation and found a way to work together.
Situation: The couple in the village wanted to drill a well on their land and the neighbors in the village had big reservations and complained to the relevant state authorities. Although the builders met all the conditions, they were not able to agree with neighbors. It was not a matter of going to court, but they were delayed by delays.
How did mediation help clients? The builders and neighbors met with the participation of a mediator and an expert in hydrogeology. Using communication and mediation techniques, they found a solution to the situation.
Result: The neighbors understood that they had no problem with this well and did not appeal further against the authorities' decision. This allowed the builders to begin drilling work. Today, they have a well drilled and relations with neighbors are slowly returning to the time before their decision to drill a well.