#23 EdM – Mediation begins as conflict counselling or not at all

In the contract phase, we do not yet act as mediators, but as limited advisors to the conflict system

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

0:19 – Introduction to mediation

2:00 – The importance of counselling

3:51 – The contract phase of mediation

6:52 – Conflict manager or mediator?

8:25 – Conclusion and outlook

We do not yet act as mediators in the contract phase,

but as limited advisors to the conflict system

Summary

In this episode of the mediation podcast, we discuss the crucial Aspects of conflict counselling and the role of the mediator at the beginning of a mediation process – in the Contract phase. I explain how a request for mediation does not necessarily have to lead to the mediation itself, but often includes an initial counselling phase. The case that served as the starting point for this discussion shows impressively that I was asked for support as a mediator in an organisation that was familiar to me, but also presents the challenge that the parties to the conflict were unknown to me.

I address the need for independence and neutrality in mediation, especially when a company is under public scrutiny. In such situations, it is important that the mediator is not only external but also emotionally impartial in order to gain the trust of the parties to the conflict and, above all, the client. This leads us to the crucial point that sound counselling before the official mediation is often a prerequisite for ultimately carrying out the mediation itself. I emphasise that mediation should not be viewed in isolation; rather, the entire context of the conflict systems is crucial.

One key aspect that I emphasise is the so-called Contract phase. This is where the mediation contract is negotiated and it is clarified whether mediation is a suitable process for the parties to the conflict. In this phase, we act as conflict managers and negotiating partners, guiding the parties through an open and consultative discussion before taking on the role of mediator. It is important that we recognise that in the initial stages of mediation there is no contractual obligation to be impartial; rather we are advisors who take an objective perspective to facilitate the process.

I further explain that the contract phase not only creates the basis for the mediation, but also serves to build up relationships of trust and to familiarise all parties with the upcoming mediation, including impartiality(!). During this process, it is crucial to maintain a neutral distance and not to act as a mediator until the mediation contract has been signed. These differences in my role as mediator are essential to the success of the actual mediation process.

Finally, I would like to emphasise that** the first steps in the mediation process should not be underestimated. The path to successful mediation requires patience, sensitivity and, above all, the right counselling skills**. I hope that my reflections and insights from today's episode will help to deepen your own understanding of mediation practice and assist you in your future challenges.

Transcription: 

 

[0:00]Music.
[0:12]Cordially Welcome to to the Episodes the Mediation, the Podcast from INKOVEMA
[0:19]
Introduction to mediation
[0:17]to the practical Questions the Mediation and of the conflict management. I am Sascha Weigel and explain in this Podcast Case questions from mine Mediation and conflict counselling Practice. I place Concepts and Models the Mediation before and organise different Perspectives and Decision-making options in. The is Consequence 23. Mediation begins as Conflict counselling or even not. For the today Episode is one Mediation enquiry Occasion, the me before some Time applied for was, I but counselling Rejected have. I was as Mediator from one Organisation requested, for the I already active been am and with the I narrow connected was, but the Persons and the Department, the now in Speech stood, in none Wise knew.
[1:00]Nevertheless would mine narrow Connectedness in this Trap Opening doors be. And the Parties to the conflict would have itself also determined on me embedded, the concrete Parties to the conflict, the in the Mediation been would be. I have however on it pointed out, that the Organisation itself under public Observation stands, respectively then stood and also the Press already several times to the incidents, the itself about one longer Period round at this Conflict here sharpened had, reported have. From this Considerations out have I thereof is not recommended, one Mediator although external, but with Steel odour to oblige, but one entirely foreign Mediator resp. Still better a foreign Team of mediators to oblige, the naturally before got to know and checked become likely. But from the View the The public and Press should the Independence and Neutrality about the normal Dimension beyond clear become.
[2:00]
The importance of counselling
[2:01]This Case showed me, that Counselling to Start one Mediation enquiry belongs to it, and frequently also Prerequisite is, that the Mediation then also takes place. This counselling Value becomes straight with Organisational mediation important, with those not the immediate Parties to the conflict the Mediation commission, but the Organisation itself and frequently even through other Persons, the then not with in the Conversations direct thereby are.
[2:31]The Start one Mediation is namely not the Mediation itself. To Start comes one Enquiry, whether one Mediation here carried out become would like, whether the Order adopted become wants. And the is one Question on one Negotiating partner, namely itself about the Mediation contract to some, at at the same time but also the Question, at best in any case, ideally, the Question, is because Mediation really one clever Idea? Okay, the can one also from Mediators or other Conflict managers expect, that them the again check and perhaps a other Procedure suggest. And in this respect, before it to one Mediation contract comes, the concrete determines, which concrete Kind from Mediation under which Confidentiality aspects and with which individual Regulations these Mediation then carried out become shall, before so a Mediation contract realisation comes, have we it with one Consultation procedure and one Negotiated procedure to do. Namely is the Mediation suitable and are You the right Mediator in favour. The is the so-called Contract phase. And first on End the Contract phase is the Person the Mediator in this Mediation case.
[3:51]
The contract phase of mediation
[3:51]It must so the Counselling situation Successful be, so that from it one Mediation is created.
[3:59]And without these professional connoted Consultancy, conflict-related connoted and the entire Conflict system awarded, the Conflict system becomes advise and not individual Persons, without these Counselling comes the Mediation not materialised. Because, so the second Thesis, these Counselling loads first in addition in, itself on the Procedure as Party to the conflict to get involved and claimed also at the same time the Authority and promotes the Trust on Pages the Parties to the conflict. For this, for these Initial phase becomes itself also as Mediator professionalised. Since become Trust potential constructed, through one Education to the Example, one serious Education, the these huge Hurdle for Parties to the conflict Helps to overcome. When the Marketing for Mediation so Successful be shall, must exactly these Ascent on Beginning, these Summit tour climbed become and mastered become, so that then, where everything tailored is, also one Mediation carried out become can.
[5:12]And here be also still a Word to this Contract phase and mine Understanding from Mediation, Mediator activity mentioned. In this Contract phase, as so still none Mediation agreed was, are we also still none Mediators. We can us although as such understand, because we Mediation learnt have, but we have also much other learnt. We are but en facto in this Situation still none Mediator and already even not in this Conflict case. We are so still not so at least the contractual Understanding from Mediation in this Trap to the Impartiality and the whole other Adherence to principles committed, contractual committed. We make that, at the Probability to increase, that we one Mediation assignment get, but we are in the Moment still not impartial.
[6:18]We are simple still not with the Conflict involved, we can also neither still one Party seize, but we become first through the Mediation contract in addition committed, impartial to act. The stands a little to the Contrast of the Concept the Attitude, that so all-party Posture per se Mediators somehow to own comes, independent from concrete Mediations, but the have the stop trained in
[6:52]
Conflict manager or mediator?
[6:46]Mediation training and are then coming out all-party Mediation. When we so none Mediators in this first Contract phase are, are we something other, namely Negotiating partner and Conflict manager. Consultants Conflict manager, the with Experts know, the Parties to the conflict as Conflict system advise, if possible open-ended is Mediation the suitable Procedure, but natural have them a Interest, that the also as Mediation seen becomes. The is now times like this, when one to the Mediator comes as Party to the conflict, may one itself not wonder, that the also Mediation recommend. And then becomes about it negotiated, under which Circumstances concrete the involved Persons ready are, one Mediation carry out and whether the Terms and conditions vote.
[7:38]Who itself in this Phase as Mediator lists, exceeds ultimately contractual Boundaries and the means concrete, he makes impossible at worst the Mediation mandate. Or at least behaves he itself opposite the Parties to the conflict impossible.
[7:58]Allowed is here at best one neutral Distance to hold, by no means all-party Behaviour already to about the Dimensions to present, because it without Order happens and also even as encroaching, out of place and somehow strange connoted become can. At best is it involuntarily funny.
[8:25]
Conclusion and outlook
[8:25]And now first, on End this Specialist counselling and the Conclusion one mediation contract, is the Person Mediator or Mediator in this concrete Case for these concrete Mediants. The war’s for this Times. Many Thanks to for Listen and perhaps could you the a or other Idea for one yours Cases develop, spin on and Decisions meet or have critical Notes, then happy I me natural about a Feedback, about Feedback in addition and wish you for the Things, the with you concerns, good Success. When you this Podcast support would like, leave but please a Feedback on Apple Podcast or on Google Business. For the Moment say goodbye I me with the best Wishes. Until to the next Times. Comes good through the Time. I am Sascha Weigel.
[9:19]Music.