Indicators for succesful mediations
A very high rate of success (80% – 90%) can be expected if the following motives are combined:
- both parties want a fast resolution
- both parties want to shape that resolution
- parties are looking for a custom made resolution.
What are the upsides of mediation?
- a fast and relatively cheap process
- a commercial resolution
- last but not least: a legally binding agreement.
Signs that YOU HAVE entered a CONFLICT
As soon as there is a serious incompatibility between two or more opinions, principles, or interests one is in a conflict.
Signs that you have entered a conflict are:
- non direct communication: you no longer pick up the phone or speak face to face
- avoidance: you don’t include the other in new projects
- signs of distrust: you now more often speak about the other person than to him or her
- disbelief: you dubbelcheck all information coming from the other person or company.
Common interests or ideas may still exist, but as soon as communication blurs and trust is undermined, a conflict has arisen.
Want to know which competences a legal mediator brings to table to resolve your conflict?
What exactly does a mediator do?
- listens effectively
- asks questions to unfold the interests of both parties
- handles resistance effectively
- analyses the conflict
- secures confidentiality
- analyses whether mediation is the best remedy to resolve the conflict
- manages expectations
- gets clarity on both parties motivations
- encourages transparancy
- encourages and stimulates negotiations
- handles signs of distrust
- turns the resolution shaped by the parties into a legally binding agreement.
When is mediation a bad idea?
Mediation will most probably not be succesful
- in case of a serious power imbalance between parties
- if one of the parties is convinced that litigation is the only solution
- when parties can not agree on confidentiality
- in case of violence
- if parties have reached a lose-lose stage (their only intention is to bring the other party down)
- if one of both parties wants to win time.
Come meet Louise Dancet to find out whether mediation can set your situation right. An introductory meeting is free of charge and without obligation.