A gradual approach
The mediation process can be broken down into the following phases:
- Preparation phase and contractual agreement
The initial information briefings about the principles and rules to be complied with take place during the preparation phase. This step is extremely important as it is often at this point that a decision is made about whether the mediation will take place and how it will proceed. The parties’ objectives, interests and requirements are also established and appropriate contractual terms and conditions are agreed.
- Gathering the information and issues
In this phase, the precise issues are defined that need to be dealt with from the parties’ perspectives. Those involved obtain information in full about the preparation of a joint solution.
- Clarifying the interests
The parties’ in-depth requirements and interests are filtered in the clarification of interests phase. At this point, a suitable communication process takes place which serves to identify the root of the conflict.
- Finding a creative solution
All conceivable solutions are gathered by both parties in the search for a creative solution. Usual ways of thinking are questioned by exploring new options and new methods are tried out.
- Evaluation and selection
Following the open and creative search for a solution, its feasibility is evaluated in the next phase and a concept is developed that is based on both parties’ interests.
- Final agreement and implementation
The final agreement contains all the solutions that were prepared by both sides and which they agreed to. The mediator, with his expertise and many years of experience, assists the parties in finding a suitable and binding wording.