Welcome to the episodes of mediation, the Teaching stream from INKOVEMA on the practical issues of mediation and conflict management. Practical situations in mediation, but also in coaching and conflict counselling, are explained, reflected upon and categorised.

3rd phase of mediation – The creation phase

The third phase, the creation phase, also consists of two steps, just like the other two phases.

Preliminary remark

But what can be said about the creation phase in general, i.e. before the brackets are drawn?

• Starting pointThe parties to the conflict are once again focussed on a common future and must and want to clarify together how to proceed. They no longer define each other as a problem or as an obstacle to solving their own problem.
• Goal of the creation phase is the final agreement, the culmination of a mediation – and the new foundation of the relationship.
• The Law is again becoming increasingly apparent here and every mediator has specific duties to fulfil and legal limitations to observe.

a) This concerns § 2 VI Mediation Act b) § 4 Legal Services Act (RDG)

• Mediator has once again Changed role and different tasks to fulfil: a) Moderator (hardly a mediator anymore) b) Creativity animator c) Agent of reality d) Evaluator if necessary

The creation phase can – like the other phases – be completed in two steps:

The two steps of the creation phase

The first step: finding and developing solutions (Creativity!)

Finding, developing and discovering solutions -> creativity methods Confidence, search process, out-of-the-box thinking, looking for lots of ideas instead of trying to find the best idea. Mass instead of class.

In the second step: Deciding together on a path that can also have a divisive effect (decision-making ability!)

This is about making a decision. If there are several possible solutions, you have to negotiate which path to take. This means, above all, negotiating! Here – and only here – does mediation become a negotiation process! A decision must now be made here. Decision-making methods! The whole range of the paradox of decisions becomes clear!

What else is important? Hedging needs

Enforceability of the final agreement – the underestimated problem of mediation! The big circle closure of mediation...why the hurdle is so high at the beginning.

Implementation phase and needs.

The implementation phase is a critical phase (without a mediator), if necessary, follow-up appointments, fine-tuning appointments, if possible, „let it thread out“. Backup options(!)

That’s it for this time, thank you very much for listening, and perhaps you were able to develop one or two ideas for one of your cases, take them further and make decisions. I wish you every success!

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For now, I bid you farewell with my best wishes. See you next time! Get through this time well!