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By Reinhard Schinkel (More) • Last updated on October 18.12.2023, XNUMX • First published on 09.05.2018/XNUMX/XNUMX • So far 5703 readers, 2148 social media shares Likes & Reviews (5 / 5) • Read & write comments
The mediation process is divided into different phases in 3, where the back phases, as can be repeated in a loop, to this later more. Let's take a closer look at the 3 phases.
The first meeting does not mean that the future client will make contact, but rather the first meeting together Conversation of the conflicting parties, with the mediator.
In the first interview, the nature and principles of mediation are presented, the mediator introduces himself and explains something of his approach. Even if the principles of mediation are generally binding - the principles are, so to speak, the professional rules of the mediators - the emphasis in the process is weighted differently.
For example, judges are also trained as mediators who, as so-called judges of justice, conduct a procedure. This newly installed procedure before an actual court hearing should help to relieve the actual courts.
However, due to their professional background, these judges put more emphasis on decision. This is also an overriding one Objective. As a rule, however, the mediators will hardly propose their own solutions.
The framework is defined in the initial meeting. The mediator gives an estimate of how many joint meetings he expects. Rules of the game about the type of Communication can be set up.
However, the mediator should make sure that the framework is not too narrow. It must also be possible in a mediation that the parties can make themselves air without violating everything which goes.
The second phase follows on seamlessly from the first, usually in the same session. That depends on how fast the "opponents" can agree on the framework of the procedure. In the theme collection, all Problems placed on the table and presented visually.
The conflicts are named among others. The theme collection is not limited. It does not have to be limited to the actual field. There is also no evaluation. Everything is written down which burns under the nails. Only the following should be considered when presenting the topics:
An example to better illustrate what has just been written: A is the Opinions B's apple tree, which protrudes into his garden, obstructs the lighting conditions so immensely that only a complete felling helps. B, of course, sees things differently. He thinks A is grossly exaggerating.
More should not stand at this point!
After picking up the topic comes the clarification of interests. Only when this is completed can one proceed to a Solution a DAK Bungalow.
Clarification of interests - This sounds easier than it is. But most of the time, the (hidden) interest is not in getting law in the true sense. This is the responsibility of the courts. A professional rating by the mediator is not done anyway. The following problem arises.
The "arguments" come into the session with clear fronts for each other. Each party has its point of view, your understanding of law or morality. You are sitting there and are supposed to talk about your topic. Ideally, one after the other and with neutral, non-attackable words.
What does that mean in your topic? What has been said in this first phase of the conversation has been the viewpoints. The points of view are only the tip of the iceberg.
The interests are slumbering among the standpoints. And here the real important task of the mediator begins. This is, so to speak, the heart of mediation. The mediator tries to get to the interests of the parties through his questioning technique. This has two effects:
To stay with the apple tree theme. The mediator is now trying to get behind the interests hidden by the viewpoints.
So the mediator tries, through his Ask to bring the mediant up to its actual needs to bump a higher one Quality of life? Neighbor B naturally also understands this interest.
Who does not have that wish? From the abstract point of view that disturbs the tree, the elicitation of interests creates a common level through the mediator.
According to the Handelsblatt, Reinhard Schinkel is one of Germany's best tax consultants and a specialist author for tax law. Schinkel was born in Berlin in 1970. Two days after being appointed as a tax consultant, he founded his own law firm in 2007 and embarked on the adventure of self-employment. Since 2009 he has published various books as a specialist book author. Since 2011 he has been writing monthly for the well-known business magazine Fuchsbriefe from Berlin, since 2016 his comments on the judgment have appeared in the magazine Agrarbetrieb. He is the managing partner in the tax consultancy company HSP STEUER Berlin Southeast according to the credo "Passionate tax consultant". More information at www.hsp-steuerberater-berlin-suedost.de All texts by Reinhard Schinkel.
Mediation is really demanding, but much cheaper!
Finally, a text on the subject of meditation, which deserves to be read. Thanks for that!
Many companies simply expect too much from their employees - and the requirements are getting higher and higher. It goes without saying that this leads to conflict and meditation is actually a suitable thing there.
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