Mediation Intervention Strategies

MEDIATION: STRATEGY FOR ACTION

Introduction

Mediation is a method of conflict management, which includes a neutral third party mediator, with the function of helping the parties to a conflict can negotiate from the collaboration, a resolution thereof, satisfactory to all. It consists of a voluntary, flexible and participatory peaceful conflict resolution through which the parties meet with a third party (the mediator) to assist them in negotiating the agreement that addresses the interests of each.

It is an excellent method to solve problems in family settings, business, educational, institutional and community as to avoid litigation, meets the needs of the parties and strengthens cooperation and consensus.

One of the most important areas of intervention of mediation is, without doubt, the family, the main reason is the diversity of times that mediation can be useful in resolving conflicts in family systems, since the solution problems between the various subsystems of an extended family, for example, hierarchical problems, to the best known, which is redefining the nuclear family separations caused by spouses.

Like any other technique, mediation has its limitations and, in some cases may not be possible, ie, viable. From the point of view of stakeholders, the most common causes may be that some of those involved consider that you might get better results in the contentious and therefore has no willingness to negotiate, that consciously or unconsciously, use the conflict to maintain the link with the other, that the object of interest is not to resolve a particular conflict, but redirect a relationship in crisis.

And from the point of view of the mediator, mediation may not be feasible due to the difference in resources and skills of some of the stakeholders; existence of abuse. Another of the limits of mediation is mandatory or voluntary nature of the use of the resource.

Objectives and principles of the mediation process

The main objectives of this technique emphasize that aims to: - Facilitate the establishment of a new relationship between the parties in conflict .- To increase the respect and trust between these .- Correct perceptions and misinformation that may have regard to the conflict and / or between those involved in this .- Create a framework that facilitates communication between parties and conflict transformation.

The principles of the mediation process are:

a) The power is exercised by the parties themselves: Are the participants themselves that control the process and decisions. It is a process that begins in a certain way and is evolving and advancing through phases with mixed steps.

b) Neutrality and impartiality of the mediator: The mediator may not siding with one party, even in the event that one of them occupies the position of the weak. In this case the mediator will try to balance the power between the parties through the use of appropriate communication techniques. Before starting a mediation the mediator should ask about the existence of any circumstances likely to create bias in the development of it.

This neutral and impartial mediator helps decenter the conflict in his dual position of face-to-face, and opens a space that is neither one nor the other, but belongs to both, where you see the another point of view, redefining one's own positions and find common interests.

c) Confidentiality: During mediation participants (both the parties as the mediator) maintain absolute privacy and have the assurance that what is said in a mediation session may not be used in court.

d) Voluntariness: Mediation requires the free and explicit agreement of the participants. Mediation may not be imposed. You can not force anyone to build relationships or to reach agreements.

Voluntariness also affects the mediator in two ways:

- It legitimizes the role and power of the mediator, granting permission to act as such .- It allows the mediator to suspend mediation when it deems necessary for reasons so warrant.

Stages of mediation

Overall, according to studies on mediation point, we can distinguish five stages in the mediation process:

1. Identifying the Problem: Stakeholders recognize the existence of conflict and willingness to solve it. Both need to understand that the problem affects both and need to negotiate, without this mediation is not possible.

2. Choosing mediation to resolve the conflict: The most widespread form of establishing the conditions of a separation or divorce is through litigation to go through a legal representative, who, when possible, is responsible for negotiating with the couple .

When choosing one course or another, must be clear that mediation is complementary to the contentious and, in any way, is waived and that the choice of this route does not mean giving up your legal advisor.

The choice of mediator should be shared. In Spain, the offer is still small, but begin to have public services throughout the country and private practitioners are beginning to offer their services.

The mediator explains to the parties the process characteristics (duration, fees, role of external advisors, etc), rules to follow (respect, the role of mediator, confidentiality, etc), the parties define their goals and are asked for their express waiver to claim the mediator's testimony in court. This is reflected in a document signed by the three and of which a copy is given to each.

3. Problem Identification: This is a collection of parts, in the presence of another, to know the definition so that the other causes of conflict as well as its content. The mediator, using appropriate techniques, directs and monitors the process that there is no loss of control that may result in a dynamic and counter threats, taking into account any imbalances between the parties.

It's about getting a shared narrative of the conflict, for which the mediator helps them to decide what issues are they want and not want to negotiate and in what order.

At the same time, the mediator must take care that the parties respect the right to speak, that the treatment is correct and follow their instructions. You are invited to make proposals and alternatives without prejudice, even assessing their consistency and feasibility.

4. Negotiation: In the process, the parties will accept the legitimacy of the interests of the other as a prelude to accept the solution of the conflict as a shared interest-I win-you win, allowing both to cooperate in its successful conclusion. Is negotiated case by case. In each of them is performed brainsmtorming then discarded less interesting ideas, and develops and negotiates each accepted.

5. Drafting the Agreement: The mediator drafts the document that sets out the agreements reached, trying to use the forms of expression of the parties. Be signed by both and by the mediator, giving a copy to each. Provided that, before signing, it reminds them of the opportunity to consult with his lawyer. Finally, counsel to translate the agreement for processing legal terms in court. http://www.animacion.synthasite.com