Mediation

Mediation is another way of dealing with a conflict. Instead of fighting, dialogue is used. There is no polarization or legal battle, but rather a preference for a quicker solution in which the parties themselves are in control and try to reach an agreement. The mediator guides the parties in restoring communication and in the discussions toward a lasting outcome that is acceptable to both of them.

Reasons for entering into mediation include the desire for a quick solution. Stalled negotiations can also be a reason to start mediation, or if the conflict involves more than just a legal dispute (for example, relationships that have become strained). When an issue is sensitive and confidentiality is important, mediation can also be a good alternative to going to court (in public).

In mediation, the parties themselves negotiate, based on their interests, about issues that really matter to them. Interests are often wrapped up in positions or overshadowed by emotions about who is right or wrong. The mediator provides a safe environment in which the parties can once again engage in constructive dialogue without having to hide their cards.

The parties play an active role in the mediation process and are themselves the architects of the chosen solutions and the final settlement. Self-determination is one of the fundamental principles of mediation. This means that the parties themselves decide whether they can and want to reach an agreement. Another characteristic of mediation is that participation is voluntary and that the parties agree on confidentiality and secrecy.

Neutral and independent

The mediator is neutral towards the parties and the issue that divides them. The mediator's views on the issue (or the parties) are irrelevant. The mediator is independent and has no interest in the outcome. The mediator is also impartial. The mediator plays an active, sometimes even guiding, role in the process. The mediator does not interfere with the content of the solution, but is often solution-oriented.

Petra Willems is an MfN-registered mediator. She has proven quality and expertise in the field of employment law and in relation to partnerships.

More information

Do you have questions about mediation? Would you like to know whether mediation is suitable, what the rules are, and how the mediation process works? Please feel free to contact us.