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Various conflicts are quite often resolved in court. Each side believes that only its position is correct, which does not contribute to solving the problem. Mediation can help resolve the conflict peacefully. It is about her that we will talk about. Read the article to the end to learn about mediation, the features of its application, as well as to get answers to questions about who a mediator is and what he does.
Mediation should be understood as the procedure for settling disputes (conflicts) between individuals and legal entities by involving a neutral party, i.e. a mediator. Each participant in the conflict participates in negotiations on a voluntary basis.
Mediation is relevant for disputes in the labor, commercial, family spheres, etc., where it is important to preserve reputation and good relations. The procedure involves preparatory measures, holding individual and joint meetings with the mediator. The pace and form may vary. Both online and face-to-face meetings are possible. It is allowed to involve experts and specialists from various fields. Mediation does not leave the parties to the conflict the right to a court decision.
The task of mediation is not to offer options for solving the problem, but to create conditions for dialogue, during which the parties independently and mutually find ways to satisfy their own needs and interests.
The legal principles of mediation are recorded in the Law on Mediation, adopted on November 16, 2021.
A mediator is an independent and impartial specialist whose role is to organize the dispute settlement process. He is an impartial negotiator.
A mediator can be any natural person who has passed the appropriate basic training, which includes a minimum of 90 hours of training.
Tasks of the mediator:
The mediator does not influence the decisions made, does not provide advice to the parties regarding the object or subject of the conflict, etc.
The working process of the mediator consists of the following stages:
A mandatory condition for mediation is to establish at the beginning of the negotiations the rules by which they will be conducted.
The profession requires the availability of knowledge in various fields - from law to psychology. The basic skills of a mediator include an excellent orientation in negotiation strategies and the ability to choose them correctly according to the situation.
The main competencies that a mediator must have:
A specialist in the field of mediation knows the basic terms of the law relating to the subject of the conflict and mediation. He understands the limits of his own competence and, if necessary, can involve experts in the dialogue.
They include the skills of active listening, the ability to clearly and clearly formulate thoughts. The mediator must be able to ask open questions and encourage the parties to the conflict to discuss.
Resolution of disputes is always associated with tension, therefore, for the sake of objectivity, the mediator must maintain emotional stability, be able to recognize and overcome emotional barriers. The skill of creating a safe atmosphere is equally important.
The mediator must be familiar with all stages and basic techniques of mediation. The specialist must follow the established rules and procedures.
To become an excellent specialist, it is not enough just to know what a mediator is, you need to be clearly aware of your own limitations and biases. Openness to self-analysis and feedback, readiness to improve skills will be a plus.
The mediator allows you to objectively consider the situation without bias and with ensuring the equality of each of the parties. He helps to establish communication, ensures that negotiations take place in a peaceful, productive manner.
The mediator is responsible for violations of professional and business ethics, requirements of current legislation, as well as contractual obligations. If any of the parties to the mediation believes that the inaction or certain actions of the mediator caused them moral and material damage, they can file a complaint with the association of mediators. Protection of interests and rights is also possible in court.
Mediation helps to speed up the resolution of a conflict situation. In the course of peace negotiations, the parties make a mutually acceptable decision, in contrast to the court, where the main reference point is the law.
All information that becomes known during negotiations is not disclosed. In this way, not only the details of the conflict, but also the fact of its existence are not made public.
Mediator courses will help you try your hand at this profession. The direction will be interesting for psychologists, coaches, lawyers, TOP-managers, specialists in the field of HR.
