In mediation, two or more conflicting parties sit down together with a mediator or several mediators at a table to find out, name and solve existing differences and conflicts. It is important that both sides accept the compromise satisfied are.

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Mediation - from private to public space

The word mediation has its origins in both Greek and Latin, and means neutral as well as mediating to no side.

From the 70s, mediation procedures in Germany mainly took place in the family sector. Divorces and separations were accompanied by the mediators. However, the mediation process continued to spread. Mediation in the economic field became more and more important.

Mediators in business

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The mediation is not a newfangled frippery, which is spilled out of America. On the contrary, the roots of mediation date back to several thousand years and are widespread worldwide. And there are numerous, historically proven examples.

Public construction projects are accompanied by mediators in advance to bring all parties (usually investors, community, citizens) together and to protect them from any legal proceedings during the construction phase. Firms have mediators come to resolve disagreements within or between departments.

Company: Round table instead of judge's table

Well-known too Company the German Economy (e.g. Deutsche Bahn, SAP, EON) have the power to Sense and benefits of mediation procedures - but of course also their savings potential, which help to avoid expensive, protracted legal proceedings.

As early as 2008, decision-makers from leading German companies, with the scientific support of the EuropeanUniversity Viadrina established a “Round Table for Conflict Management and Mediation”.

Do not become a mediator!

This questioning technique educated the questioned to autonomous thinking. The end of the song? Socrates had to drink the hemlock mug because he remained faithful to his beliefs.

Are you planning to go for an intermediary? Do you want to be the bright, saving hero in negotiations? Think of Socrates Do not be a mediator- Forget it!

The task of the mediator is to remain inconspicuous, to steer and to enable the conflicting parties to resolve the conflict.

Mediation ends apartheid in South Africa

Did you know, for example, that apartheid in South Africa was also eliminated through mediation? When Nelson Mandela was still in jail, representatives of the apartheid regime and the ANC met to discuss the eventual involvement of the black population in the government or the complete surrender. These meetings were conducted by mediators.

Even those who did not receive mediator training certainly worked unconsciously as a mediator; whenever he attempted to mediate, to search for the exact reasons, and to refer to the conflict parties without referring to himself. This would be a classic application field.

The goal

That already becomes that Objective a mediation process clear: With the mediation of the neutral mediator, a mutually acceptable and feasible solution should be reached while maintaining the respective needs and interests of the parties ways be brought about by negotiations.

At the end of each mediation process, the final agreement is then signed with a written fixation of the results. Above all, the mediation law promulgated at the 26.97.2012 applies, which makes a uniform picture from the previous patchwork of different laws.

The final agreement / written fixing

The discussed solution is set down in writing. This is done as concretely as possible: So who does what, when, and why! Be through the Solutions legal Problems affected, the mediator will urge that legal Adviser used to evaluate the solution. Otherwise the principle of being informed would be violated.

It could be that a conflicting party agrees to a solution that puts him in a very bad legal position. That does not mean that such agreements can not be implemented anyway! It is not just a legal dispute. But each party should be aware of the implications of the solution!

And then?

The loop starts again with the next topic, i.e. searching for a solution, evaluating a solution, Implementation.

From experience, the first solution implementation takes the longest. Some topics / problems do not even need to be solved, because they do it on their own!

The legal situation

The Mediation Law, which was adopted at the 21.07.2012 and announced at the 26.07.2012, closes a legal gap for a proven and successful procedure.

What is in the law?

So far, there have been references and short references in many other regulations or laws. The proclamation made it clear what mediation in the legal sense means.

The law specifies the principles of mediation: voluntary, independent, self-reliant with the aim of unifying Konflikt to resolve amicably. As a rule, a mediator is no longer allowed to mediate if he was previously active for one of the parties in the matter.

Independence of the mediator and confidentiality

This also applies to law firms and office communities when a partner worked for one of the parties to the dispute. Exception to the rule: The parties to the conflict nevertheless wish mediation.

The confidentiality obligation (Section 4 MediationsG) of all those involved in the process has now also been clarified People and the exceptions permitted by the principle.

Certification / Training of a mediator

What was also long overdue is the mandatory to and from Further Training a mediator. So far, everyone could call themselves a mediator without having to prove the special skills and abilities they had acquired.

A warning example of where this can lead is the classic management consultant. This can also appear on the market without any proof of ability. The Customer can not therefore in advance Expertise assess.

The planned certification will result in market shakeout, which will ultimately lead to higher quality.

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