The evaluative mediation style (3/4) – Mediation appropriateness of evaluative mediation activities

Mediation principles frame evaluative mediation services.

Blog series on evaluative mediation
  1. Evaluative mediation services. Evaluative and proven activities of mediators in mediations
  2. Legality of evaluative mediation activities.
  3. Mediation appropriateness of evaluative mediation activities. Mediation principles as a framework for evaluative mediation services.
  4. Opportunities and risks of evaluative mediation services. Do it!

Introduction

In the preceding Share have I explained, which Tasks in Mediations assessing (evaluating) are and that them according to the German Mediation Act Legitimate are.

Now shall shown become, that these Tasks in the Reason taken also mediative are. The means not simple, that each Range of solutions hasty Acceptable is, but that Mediators more do, as only Proposed solutions to present. You Go more, by them the Communication between the Parties to the conflict Moderate and on one constructive Level hold.

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What is the mediation problem in evaluative activities?

The Mediation problem with evaluating Activities lies in the Understanding the procedure for a mediating Conflict resolution: What is Mediation, what are their Goals and like the third party (and the parties to the conflict) achieves these goals?
Mediation is one Negotiation with Support for one Third parties, at one Conflict to solve, the the Parties alone not cope can.
In the In contrast to a judging third party the mediator promotes the thematically open(!) Communication between the Parties and Helps them, one common Solution to Find. Ultimately, the mediator does not care about the thematic focus: whether past, present or future – in the face of mediators, conflict parties can in principle talk about anything.
The intermediary third party does not decide like a judge. On the one hand, the judge's solution has been developed on the basis of a general-abstract decision-making standard (- the law! -), on the other hand it is legally valid and effective even against the will of the parties. What mediators have to say is not subject to these standards, which is why the question arises as to why they have to say anything at all in terms of content! In any case, not solely on the basis of the abstract procedural norm of „mediation“. If he has something to say in terms of content, then this is only relevant if the parties to the conflict have asked for it!
Note: Anyone who strictly binds the mediator to the contractual basis with the parties to the dispute will in any case come to the conclusion that the mediator's substantive statements on the „case“ depend on the parties to the dispute. However, that is a different technical dispute: Where do the normative charges for mediators' activities come from? I will leave that open here.
The third is nor was it instructed to submit a proposal for a decisionas it was originally a Conciliator should do.
The basic Principle the Personal responsibility the Participants is decisive in the Mediation. The Parties to the conflict are alone for the Decisions in their Conflict responsible. The Mediator influenced although the Dynamics of the Conflict and the Communication, but he should the Parties Room leave, their own Ideas and Solution approaches to develop.

The overarching basic principle of personal responsibility of the parties involved is decisive in mediation.

Mediation can not only moderating work, but also active on the Solution finding participate, without the Autonomy the Parties to restrict.
The Mediator must on it pay attention, like the Parties his Suggestions record and in their Decision making include. It is Important, that the Parties the Suggestions of the Mediators Critical check and not simple accept, because them from the neutral Mediator originate.

However, if there is no doubt that the parties will not adapt, but (would) take up the ideas and solutions in an inspired manner and process them on their own responsibility, there is no reasonable reason for the mediator to withhold those ideas and solutions. There is no limitation by the mediator in relation to conflict parties acting on their own responsibility.

It can therefore be said that the mediator's scope for effectiveness is part of mediation as long as the parties to the conflict do not see themselves restricted or have to act in an adaptive manner.

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Consequences for mediation

It gives various evaluating Mediation activities: Guard rails set, false Performances correct, Solution approaches present and Solution ideas introduce. 
This was unfolded in the 1st part of this small blog series.
  • When the Mediator Guard rails points out, within of which the Closing agreement lie must, arise hardly Doubts, whether this to the Mediation belongs to. The applies especially for Guard rails, the outside of the sphere of influence the Parties to the conflict lie.
Example: Wise the Mediator with one Organisational mediation on Budget limits towards, the the Organisation fixed has, contradicts the not the Basic ideas the Mediation. In the Opposite, it enables one realisable Solution.
  • Confronted the Mediator erroneous Performances the Parties about such Boundaries, remains this Unproblematic, as long as the Boundaries not one-sided imposed are. Different behaves it itself, when one Party Boundaries names and the Mediator on it points out. This could his Neutrality jeopardise.
  • Presented the Mediator Solution approaches, touches he the Principle the Personal responsibility and must vigilant be. Paths to show, is not simply neutral communication, but always includes also, a (weak) Appeal to send. This becomes particularly clear with Schulz von Thun's 4-ear model. Decisive is the Reception the Message. The Mediator must ensure, that the Parties do not listen to their appeal ear, before he Solution approaches presents.

The 4–Ears–Model from Schulz from Thun shows, that one sustainable Hypothesis and artistic Intervention necessary are, at Solutions in such a way as to offer them for their own examination. The Mediator should always several Paths present and these as hypothetical Scenarios introduce, at the Personal responsibility to true.

  • Presented the Mediator Solution ideas, must he on it pay attention, that the Parties these not simple take over. The Danger exists, that them the Mediation fast finish want. Solution ideas as Target proposals can the contractually agreed Goals the Mediation jeopardise and should avoided become. The Mediator must ensure, that his Interventions the Personal responsibility the Parties Respect and them not influence, before them own Decisions meet.
Mediation is consequently not only moderating Accompanying work, the Escalation prevents and constructive Communication enables.
Mediation can also Content Collaborate and participate, without the Parties in a Behaviour to urge, the them later regret.
Blog post: Evaluative mediation (2020)

  • Breidenbach, Stephan: Mediation. Structure, opportunities and risks of mediation in conflict; Cologne 1995.
  • Bühring-Uhle, Katrin: One cannot not evaluate. Plädoyer für die Akzeptanz evaluativen Vorgehens in der Mediation, Viadrina Schriftenreihe zu Mediation und Konfliktmanagement, Vol. 21, 2020.