Conciliation and Mediation

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EN- Conciliation and projects

Definition

(Source Wikipedia: Mediation)

Mediation (conciliation, differences see hereinbelow) is one of the alternative methods of conflict resolution. Mediation consists in the facilitation of the parties to "help" them finding solutions on their own (co-responsibility) to their conflicts,in a pacific way, without pressure and constraints. Mediation is a verbal method and allows the creation or re-creation of connections between the persons involved in the conflict. It implies a third person, the mediator, who is neutral, independent and impartial, who is a facilitator during the process. The solutions emerge and are not suggested by the mediator. During mediation, empowerment and recognition, can be the beginning of a transformation process.

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Mediation - Emerging solutions

Mediation and conciliation are very often mixed up. The differences between mediation and conciliation are to be found in the different tasks of the third party. The mediator helps the parties in their thoughts and decisions: He allows the parties decisions to emerge; in the conciliation the third party suggests solutions to the involved parties.

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Conciliation - Suggested solutions

The method of the arbitration also exists, where the parties accept at the beginning the rules of the arbitration. The arbitrator is entitled to decide and to take decisions, based on the analyzed situation. This method implies that the parties accept in advance the decisions of the arbitrator. It implies trust towards the third party.

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Arbitration - Imposed solutions

Methods

Mediation, conciliation or arbitration (form to be decided at the beginning of the mandate) allow to solve any kind of conflicts, such as but not limited to conflicts of interests, working conflicts, conjugual conflicts, intercultural conflicts, etc.. Any form of conflict, where a dialogue is possible can be solved through mediation or conciliation

After a first analyzis, the method and the next steps will be defined and a first estimation of time and costs will be done. In this phase, the task of the third person (mediator, conciliator or arbitrator, coach, etc.) will be also defined; this task can vary, depending upon the conflict complexity (multi-cultural, escalation level, etc.), defined between a directive or participative form. Depending also on the group demand, the process will concentrate on the facts or more concentrate on the human relations between the parties (transformation process with recognition and empowerment).

All the well known project management, delegation, working in group, interviews, brain storming, brain mapping methods can be used, as the case arises.

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References

Based on our long experience during the past years, we have a long list of cases. However this way of working requires, confidentiality, as an essential quality. So we do not publish reference lists for these mandates. How ever we are ready to discuss some similar cases, if required.

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Fees

Fees are variable and depend on the form and complexity of the conflict. The fees can be defined as a fix hour fee, a global amount fixed in advance or a percentage of the litigious amount.

Fees are agreed upon during the first meeting(s), where the contract will be discussed and defined, together with the involved parties.

In the case of a complicated conflict, a detailed offer will be worked out and submitted to the involved parties.

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