Mediation


What is mediation?

The word 'mediation' comes from the Latin word "mediare" (= to mediate). The idea is to find a solution to conflicts of all kinds (within the family, in professional life, in business, etc.) by including a - generally neutral - third party (i.e. the MEDIATOR) without this party having any decision-making power. Generally speaking, mediation is an out-of-court method to handle conflicts, in which the concerned parties are supported in their efforts to find a fair, yet legally binding agreement.

The MEDIATOR is not an arbitration judge or an arbitration court. The parties find their own solutions by themselves, the MEDIATOR only steps in to mediate in order to maintain the constructive character of the decision-making process, but he/she does not take sides.

Any solution found between the parties will be put in writing at the end of the mediation process and thus made legally binding.

Procedure

The procedure is designed individually, but in general there are five steps:

1. Explanation of the basics of the procedure
2. Collecting subjects
3. Determination of interests and needs
4. Working on alternative solutions
5. Written agreement about the result worked out between the parties

Advantages

Mediation is cost-saving

• There are no "winners" or "losers", the basis of conversation is generally maintained by the parties to the conflict
• You are determining the procedure, not a court or some third party
• You achieve a better solution because the parties have a better chance to articulate their needs and achieve a solution in the long run