Mediation

Definition and legal basis:

Mediation is a structured, voluntary process for the constructive resolution of a conflict. The parties to the conflict are supported in their resolution process by a neutral third party, the mediator. The legal basis in Germany is the Mediation Act of 2012. Internationally, mediation is regulated in the EU Mediation Directive 2008/52/EC. The aim of mediation is to find an amicable solution that is in the interests of all parties involved. The mediator does not make any decisions about the conflict, but is merely responsible for the process.

Basic principles and procedure:

The basic principles of mediation include: 1. Voluntary participation
2. Confidentiality of the process
3. Impartiality and neutrality of the mediator
4. Personal responsibility of the parties to the conflict
5. Informedness of the parties involved The typical mediation process is divided into the following phases: 1. Preparation and clarification of the mandate
2. Collection and structuring of topics
3. Clarification of interests
4. Development of solution options
5. Evaluation of options and agreement
6. Conclusion and implementation

Areas of application:

Mediation is used in many areas, including – Family mediation (e.g. for divorces)
– Business mediation (e.g. for conflicts between companies)
– Workplace mediation (e.g. for bullying)
– Environmental and construction mediation (e.g. for infrastructure projects)
– School mediation
– Intercultural mediation
– Political mediation (e.g. in international conflicts)

Advantages and limitations:

The advantages of mediation are – Time savings compared to court proceedings – Less expensive than litigation – Preservation/improvement of relationships – Confidentiality – Flexibility and self-determination of the parties – Future-oriented, sustainable solutions Limitations of mediation exist when:
– One party does not participate voluntarily
– Criminal offenses are involved
– An imbalance of power cannot be resolved
– Mental illness is present
– Legal clarification is mandatory

Role and qualification of the mediator:

The mediator is impartial and supports both sides equally. He structures the process, promotes communication and helps to find a solution. Important skills are – Communication and negotiation techniques
– Conflict analysis and management
– Basic legal and psychological knowledge
– Methodological skills There is no legally regulated training in Germany. However, various associations offer certifications. The Mediation Act regulates the designation “certified mediator”.

Current developments:

– Increasing institutionalization and professionalization – Increased integration in court proceedings (court-related mediation) – Growing importance of online mediation – Research on effectiveness and quality assurance – International harmonization of standards In summary, mediation is an effective instrument for constructive conflict resolution that is used successfully in many areas. The further establishment and professionalization of mediation will increase its importance as an alternative or supplement to conventional conflict resolution procedures in the future.