How can you use the Mediation Model to resolve conflicts with third-party assistance?

Creating a more trusting and respectful environment through impartiality and fairness is the key. Dispute resolution through a neutral third party effectively helps parties to transcend from adversarial positions to collaborative problem-solving positions. The mediator should foster a fair environment where both parties are given an equal chance to put forward their arguments. Only when both parties are heard and understood by an impartial mediator, mutually acceptable resolutions can be reached and the mediation model becomes successful.

William Ury, one of the authors of Getting to yes, will be introducing a new negotiation model in his new book that is coming out in February ‘24. The model is BB3, balcony, bridge, 3rd party. The focus of this model is on what is possible now. Ury envisions a future world with ‘possibilists’. If you want know more, the webinar he held at Harvard Law School on 22nd January can be found online.

In my experience a fundamental problem is to “define the problem” in mediation. Is there a root cause? Is there one thing that needs to be solved and all is good? I think the most important step in the relational fase is to put ALL the parts of the puzzle on the table, the concerns, the worries and the chances and “air” around the issues that is still being felt. In that way you can look what the best sustainable, durable and constructive “ enriched” solution can be, moving forward to a new story.

It’s helpful in attorney-involved mediation to get the perspective of each lawyer involved, and, with each client’s consent, take that initial step solely with the attorneys for each party. It creates an opportunity to layout the contested legal issues that may be driving the dispute, and it gives the mediator a good sense of how well each attorney knows their client, how well the client is keeping the attorney informed, and to what extent the client relies on the attorney to guide them through the process.

Der Mediator ist ein unabh?ngiger Analyst. Er gibt jeder Partei den gleichen Raum, um geh?rt zu werden. Dabei fragt er die Parteien, wie es Ihnen mit der Sichtweise des anderen geht. Der Mediator führt eine Kooperation herbei.

From the feedback I get from clients, this does not happen. In fact, one mediator said that she is only there to pass on messages. It begs the question what sort of training these so called accredited mediators get. If the criteria to be an accredited mediator is so simple.

Meine Rolle als Mediator ist es, auf die Bedürfnisse der Medianten einzugehen und Entwicklungsprozesse anzusto?en. Der Konsens, am Ende der Mediation, sollte intrinsisch motiviert sein. Ansonsten ist es kein Konsens.

Die Optionen führen zum Konsens. Die Option, die für die meisten vorstellbar ist, führt zum Konsens. Die Optionen findet man auch mit der Wunderfrage heraus. Lieber Mediant, mal angenommen Ihr Problem w?re gel?st, was h?tte zur L?sung beigetragen?

From the feedback I get from clients, this does not happen. In fact, one mediator said that she is only there to pass on messages. It begs the question what sort of training these so called accredited mediators get. If the criteria to be an accredited mediator is so simple.

From the feedback I get from clients, this does not happen. In fact, one mediator said that she is only there to pass on messages. It begs the question what sort of training these so called accredited mediators get. If the criteria to be an accredited mediator is so simple.

More training and checks on mediators to ensure they follow what is expected of them. Please see the above reasons for this suggestion.