#25 EdM – Co-mediation between third-party mediators

If you risk nothing, you risk too much.

Co-mediation by mediators who initially only have the trust of one party to the conflict, but would be jointly commissioned.

Episodes of mediation.

The podcast on practical questions about mediation and conflict management.

Welcome to the episodes of mediation,

the INKOVEMA podcast on the practical issues of mediation and conflict management.

I am Sascha Weigel and in this podcast I explain case questions from my mediation and conflict counselling practice. I present concepts and models of mediation and categorise different perspectives and decision-making options.

Chapter

0:08 –Introduction to mediation
4:03 – The challenges of building trust
6:21 – Co-mediation in practice
10:39 – Risks and opportunities of mediation
12:23 – Conclusion and outlook

Contents

In this episode of the Mediation Podcast, I analyse the challenges and opportunities of co-mediation between people who don't know each other. I share two specific cases and explain how these constellations can bring both advantages and disadvantages. Co-mediation, considered both in theory and in practice, is enshrined in the German Mediation Act and offers the possibility of involving several mediators in a process in order to better take into account the interests of all parties involved.

A central aspect is the possibility of combining different areas of expertise. I discuss how psychological knowledge, legal expertise or specific expertise from fields such as architecture or education can be brought into mediation. This diversity can contribute to more creative problem solving and helps to address cultural differences - especially in international conflicts or in companies where employees come from different backgrounds.

I also address the scepticism of the conflict parties towards mediators they are not familiar with and why these concerns often lead to mediation not taking place. In the context of conflicts between the works council and management, it becomes clear that trust in a mediator is crucial to the success of mediation. I have realised that a neutral mediator is often not enough for mediation to take place.

Another example I cite deals with engineers and mediators, who should initiate crucial communication processes in advance to avoid misunderstandings. In such a scenario, where the mediators have to get to know themselves first, I discuss the importance of building a trusting working relationship in order to best represent the interests of the conflicting parties.

I draw a comparison between the co-mediation of mediators who are strangers to each other and who only have the trust of one side of the conflict with the constellation of collaborative practice, where lawyers and mediators work to the exclusion of legal representation. In both cases, trust between the mediators and the parties is crucial, but the foundations differ, as the mediators in collaborative practice often already have a relationship with one of the parties.

Finally, I argue in favour of an open discussion about the risks and benefits of co-mediation between mediators who do not know each other and only enjoy the trust of one side in the conflict. I encourage the audience to share their thoughts and experiences and realise that even in difficult situations, professional methods are available to adequately navigate potential conflicts. I hope that this exchange will inspire people to explore new ways of dealing with conflict and show courage to work together.

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Full transcript

[0:01] Cordially welcome to the Episodes the Mediation, the Podcast from Inko Company
[0:08] Introduction to co-mediation
[0:05]to the practical Questions the Mediation and of the conflict management. I am Sascha Weige and explain in this Podcast Case questions from mine Mediation and conflict counselling Practice. The is Consequence 25, Co-mediation between Strangers, Courage to the Risk, it worthwhile itself. The today Episode lie two Cases Underlying and several Initiation, the then but not realisation come are, but the becomes itself also equal at the Topic then from itself explain, why, at least where a Point lay, the the Whole to the Failure brought. And although one Mediation, with the I with one Co-mediator and one Co-mediator each with the two Cases worked have, the I before not knew and the I first through the Mediation got to know have and with her then and with him each co-operated have.
[1:11]And following Special feature has that, because Co-mediation is from Law because of permitted. § 1 Paragraph 1 of the Mediation Act speaks from Mediators, so in the Plural, and so that even also from the Possibility, that Co-mediation allowed is. Not rare becomes Co-mediation used, so that Mediators in Practice come and a more experienced Mediator and a Trainee the Mediation together carry out and thereby Practical experience get. Or that one with Co-mediation the Differences between Lawyer mediators and Mediators tries to equalise or also to avoid, the realisation come through the Restrictions of the Legal Services Act. On it wants I now but not closer enter, but the perhaps again one other Episode reserved.
[2:14]Decisive is but, that the Possibility of from Co-mediation not In favour of from Mediators created was, but In favour of from Parties to the conflict and the Parties, the in the Mediation act. And when one itself these Possibilities, the Practice looks at, then becomes one determine, that Co-mediation also there not absolutely something Special features is, but very helpful. Man think to the Example on the Possibility of different Expertise, psychological Knowledge, legal Knowledge or also Expertise with in the Mediator page to get. Keyword Architects, Theology, Pedagogy. So there leaves itself so to speak on Pages the Basic occupations again one larger Complexity manufacture. And we have natural also the Possibility, that the, cultural Differences illustrated become can in the Mediator- resp. in the Advisor system. We think there to the Example on international Divorce and Separation mediation.
[3:25]The Berlin Association MIKK has itself on it specialised, even also Mediators to be held, the different Languages master and so that also the Diversity from international Couples map can, their Culture or also Professional circles. We can but also on international Business disputes think, where it itself worthwhile, Representative different Legal cultures, Keyword Common Law and continental European Legal traditions, the but very different are, that these within the Mediatorship
[4:03]
The challenges of building trust
[3:59]illustrated become can and for the quality also should. I wants here but on one Constellation point out, the me mine In my opinion still underestimate becomes and practical necessary Mediations then also realisation come leave would.
[4:18]Take we the Example case Dispute between Works Council and Management. Both Pages are good trained, have their Consultant in the Rule in the Hindquarters, from those meanwhile also many Mediators are. But beats the Management one Mediation before and brings their Mediator with ins Game, is the Probability very high, that the Works Council says, is not our Mediator. And the Works Council similar, the Mediator knows, perhaps Training programmes made has and Training courses and thereby with Persons known is, beats these before, becomes them from the Management also not so simple Accepted become. These Person or the Management, the experience I also frequently, goes in one Kind Leap of faith and granted the Mediator, the now from the Works council side proposed was, the Mediation. More frequent experience I but in this Constellations, that the Mediation not realisation comes. Because on one neutral Mediator becomes itself then not communicated.
[5:25]The experience I right frequently and it is also a Reference case or one Reference situation, the me to the Thoughts leads, the I already often executed have, that Mediation one quite Imposition is. The means, them is very demanding and from many Factors on both Pages dependent. Trust is the one, Experience with the other Person comes still added. And also the Expenditure, the then operated become would have to be, at these Hurdles to take, worthwhile the itself to the View, the the Mediation brings, namely none guaranteed Solution. And then stand even Procedure also ready, the purposeful are. Agreement procedure, Arbitration board in the Frame of the Works constitution law is so one Possibility, the then also to one Result leads, the enforceable is.
[6:21]
Co-mediation in practice
[6:21]And on this Place comes the Topic co-mediation between Strangers before. I mine namely not, that the Parties to the conflict itself not know, because them Roller carrier in large Organisations are, but I mine the Strangeness between the Mediators. I had before some Time, the is already longer here, this Case, that one similar Constellation in one Operation, one Person, the itself bullied felt and under Pressure set saw, with one Counselling centre then the Hint on one Mediator, the to the Disposition would stand and itself with the Topic knows his way around.
[7:03]Help would, as far as the in the Operation desired is. And this Operation then but also one Mediator on his part, the Trust accommodated was, the was me, ins Game brought has. And the Question stood then in the Room from the Company, would You both these Mediation carry out?
[7:22]We have then decided, we become us get to know, we become us communicate, we become us also a Piece wide test out, like we the Topic tackle and this Procedure and have this Familiarisation process upstream, at then together the Mediation to be carried out. Because the was us both from Start on clear. It is better, when here the begins, as when the now here cancelled becomes and the Organisation from itself from one Decision meets. The Mediation provides Yes one Room to the available, within whose the concrete Parties to the conflict Decision proposals make can, like with the Situation on best on the part of the Enterprise handled become can. And so have we then the Co-mediation carried out and us in the Paths this Mediation got to know. And one similar Situation had I before short again, that this Paint a Conflict between Works Council and Management, two Mediators each proposed was and it not to one Mediation came, each because Distrust prevailed, but itself presented become could, in the Mediation to go, when in Inverted commas the own Mediator thereby is.
[8:48]Decisive is for these Constellation not only the Readiness the Participants, but also the Readiness the Mediators, the then a detailed, professional Familiarisation procedure to Start initiate must, at then together the Parties to say, yes, we can us introduce, these Mediation professional for them to be carried out. The Constellation reminds a little on the Procedure the collaborative Practice, of the Collaborative Law Procedure, where also two Mediators, and although here as Legal counsellors, under Exclusion the Authorisation to represent in court and so that a Incentive, the Negotiation carry out and in the Paths co-operative Negotiating also then the Procedure carry out. Then could one also already say, the is also so one Conflict management with two Mediators, the but there formal legal as Lawyers and Counsellors act.
[10:00]In this respect is the similar, but the Difference is here, that the both Mediators Trust each to one Party page have and itself itself also not know. The is with the collaborative Practice in all Rule the Case, that the respective Mediators there or collaborative Practitioners, that the itself know. Here know itself the Most not, but the becomes from the Situation born, that the Parties say, I can me one Mediation introduce,
[10:39]
Risks and opportunities of mediation
[10:36]but only with here the Mediator mine Trust. And the Mediators would have to then the Leap of faith dare, that them itself sufficient professional behaviour can, despite or also because of this leap of faith. The Mediation professional to lead.
[10:58]I have now so far still none factual or legal Reason found, the the excludes. When You, love Listener and Audience, there Ideas and Concerns have, please leave You it us and me know.
The Concerns, that the risky is and that one perhaps his blind Stains not sufficient knows and the Trust to the one Page but somehow the Mediation become unprofessional leave could, the reach me not from, at this Procedure not to be carried out. To the one stand there good Methods for professional Mediators to the available, Supervision. Und the Affected parties are at the same time the Controllers. So we have it with the Parties to the conflict and also the Mediator colleagues to do, the there correcting, Soc. as a corrective intervene can. Should it actually to One-sidedness and Injuries the Impartiality come.
[12:01]The Advantages, this Conflict in the Paths the Mediation to solve and Satisfactory for the Parties to the conflict in their Personal responsibility Decisions to meet, hold I for preferable. And therefore place I these Constellation in this Episode here before and so that also to the Discussion.
[12:23]
Conclusion and outlook
[12:24]The war’s for this Times. Many Thanks to for Listen and perhaps could you you one or other Idea for one yours Cases develop, spin on or also Decisions meet. And in favour wish I you good Success. When you this Podcast support would like, then leave behind but please a Feedback on Apple Podcast and on Google Business. For the Moment say goodbye I me with you with the best Wishes. Until to the next Times. Comes good through the Time. Yours Sascha Weigel.
[12:54] Music