What to do if we are not able to communicate? Use mediation.
Sometimes it just happens that we are not able to communicate with someone and we have a conflict – in the family, in the company or in the workplace. It is great that we have decided to resolve this conflict. He will not solve itself.
We can solve the conflict on our own, or we may already find that we cannot do it alone. There are simply many emotions and remorse that can keep us away from the mutual understanding and from the conflict resolution. And this is the time when it is good to find someone impartial who is able to help you. Someone who has experience in conflict resolution, perceives your emotions but does not let them prevail over you. Someone who lets you talk and listen to the other side. And such person is a mediator. This role was previously provided in ancient cultures by the elders of the family, chiefs, in Jewish culture this role was often held by rabbis, in Christian one by priests, often similar tasks were taken up by doctors or teachers.
These were always people who knew how to listen, were impartial and had the respect of those who had conflict with each other. These qualities help mediators succeed even today.
What is mediation? Mediation is one of the ways of out-of-court dispute resolution.. It is a process where the parties meet with the mediator and look for the most appropriate way to deal with the situation.
In which situations can mediation be used?
When resolving conflicts
in the family (e.g. adjustment of relations with children in the event of separation or divorce of parents; settlement of inheritance, when conflicted parties want something different with the property...)
in the company (between suppliers and customers; between business partners about the direction of the company, ...)
in the workplace (between two colleagues or a superior and a subordinate, ..)
with consumers (between the construction company and the customer about the final form of the construction,..)
between various interest groups and residents of municipalities (e.g. the use of a shooting range, a small airport and residents of municipalities may be bothered by the noise ...)
or neighbourly disputes (about the height of a fence, the use of common areas, ...)
You can simply use it where it is likely that even after the dispute has been resolved, the involved parties will continue to meet.
How does mediation work?
One of the conflicted parties contacts the mediator, who then approaches the other conflicted parties with an offer of a mediation.
If both parties agree to participate in a mediation, the mediator sets the mediation date.
One mediation meeting usually lasts 3 hours. If the conflicted parties do not come to an agreement and want to continue with the mediation, they agree on another date.
If the conflicted parties reach an agreement, this agreement may be drawn up in writing. If the case has to be decided by a court, it often takes into account the results contained in the mediation agreement (e.g. the regime of children after the divorce of the parents).
Who is responsible for what in a mediation?
The mediator is responsible for the process, i.e. that:
The conflicted parties will be given as much space to communicate their views of the conflict.
During mediation, the conflicted parties will not interrupt each other and will listen to each other.
He/she leads the conflicted parties to find a solution to the conflict.
The conflicted parties are responsible for:
communicating important facts pertaining to the conflict
following the mediator's instructions
finding solutions suitable for both conflicted parties
The conflicted parties are responsible for the resulting agreement, NOT the mediator.
And how is mediation beneficial for me?
You can choose a mediator. If you do not know any of them yourself, check the list of registered mediators maintained by the Ministry of Justice of the Czech Republic on www.justice.cz or on www.mediace.cz, websites, where you can also find out more information about mediators.
Your information is safe. The mediator has a duty of confidentiality.
You have an influence on the course of mediation and its outcome. The conflicted parties, with the help of a mediator, look for a solution until they choose the best for both conflicted parties. If one of the conflicted parties does not like something, they can announce it during the mediation or propose another solution. As a last resort, they may also terminate mediation.
After mediation, you can often maintain a reasonable relationship. Relationships in the family, in the neighbourhood or in business relations are usually less disrupted than in long litigation and can often be re-established or improved.
Mediation saves you time and money. The entire dispute resolution process can be completed in a significantly shorter time. Mediation is significantly cheaper than court proceedings – not only by the level of rates of individual tasks, but also by the fact that it takes a shorter period.
You can find out why mediation is preferred to court proceedings in the article HERE.
Note: In the event of failure to reach an agreement through mediation, it is always possible to proceed to a solution through the court.
Would you like to go to mediation?
You can contact me by phone +420 737 234 142 or by e-mail: office@renataleflerova.cz
Do you want to know more about mediation?
Look at: www.renataleflerova.cz
You can also follow the Facebook Page: https://www.facebook.com/Rleflerova.specialistkanaresenikonflituamediaci
I am looking forward to meeting you!
Renata Leflerová
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