More About Mediation

• Mediation is an out-of-court and internationally recognized conflict settlement procedure based on a few legally regulated principles (in the following italicized). # Mediation Act

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• The core of the structured procedure is that those involved voluntarily, responsibly and open-mindedly develop options for resolving their disputes that are not based on victory or defeat.  

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• The mediator does not function as a judge. They have no content-related admission or decision-making authority . Rather, they navigate the process impartially, transparently and professionally with suitable methods. They install a secure framework and compensate for hierarchical inequalities . The mediator is legally bound to secrecy.

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• During the process, the mediands work creatively and constructively on possible ways out of the conflict. In doing so, they try to consider an map the benefits of all parties involved. Since mediation is confidential and explicitly focuses on the needs behind stuck positions, it becomes possible to think outside the box and bring about a real change of perspective. Instead of arguing further, the parties can show solidarity against the common problem and expand the pool of solution options without limits (#Havard concept).

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In this way, truly sustainable solutions and agreements can be developed.

 

• The non-public mediation process can also serve as an alternative to judicial disputes or criminal proceedings (TOA). In a societal context, mediative forms of conflict transformation within the framework of “restorative justice” are appropriate. In contrast to expensive, lengthy and possibly devastating legal proceedings or even violent disputes, mediation has a more restorative effect on the underlying human, economic and / or social or political relationships.

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