INKOVEMA Podcast „Well through time“

#116 – Organisational mediations as arranged mediations

How does an order affect the principles of mediation and thus the mediation process?

In conversation with Dr Stefan Kracht

Well through time. The podcast about mediation, conflict coaching and organisational consulting.

Contents:

Mediation is often "ordered" by the employer or employer's supervisor in the internal administrative or internal company area. This order is not a general exclusion criterion for the implementation of a mediation procedure, as long as it is not a mandatory mediation that the parties involved cannot avoid. Nevertheless, the order has an impact on the practice of mediation and therefore on the question of how the principles of mediation can be applied and maximised.

In organisational mediation, i.e. so-called mediation within companies or public authorities it depends on the legal categorisation of the fact that parties to a conflict are sometimes sent to mediation by their superiors under disciplinary law. Mediation is „ordered in such cases.

In such cases, the parties concerned sometimes have few options to avoid such mediation. They could Sanctions under labour law or disadvantages under civil service law threaten.

For mediators, in addition to the legal consequences, the most important thing is what influence this fact has on their work and how they could adapt their working methods.

The issue is particularly virulent in the case of mediation initiated by the authorities, where civil service law is relevant. Such a mandatory mediation procedure could be considered for civil servants if the employer orders mediation. However, it should be borne in mind here that the administration's legal obligation to the Mediation Act also prohibits such an order in civil servant relationships. The civil servant - like an employee in the private sector - therefore has the fundamental option of refusing mediation and fighting out the conflict by means of civil service law. Nevertheless, the de facto pressure exerted on those affected by an "order" should not be underestimated. This is where the mediator is called upon and must guarantee that the parties can withdraw from mediation at any time without sanctions. In ordered mediations, the principles of confidentiality, neutrality of the mediator, information and personal responsibility are also affected. Through various contractual agreements, but also the right attitude on the part of the mediator, mediations can also be conducted lege artis.

Left:

• Kracht / Niedostadek / Sensburg: Practical handbook on professional mediation, methods, tools, marketing and fields of work, reference book, book. Hardcover, 2023, 835 p. 10 b/w illustrations, 50 colour illustrations, bibliographies. Springer. ISBN 978-3-662-49639-8 (LINK to the publisher)
• Link to the survey for mediators