At the beginning of the mediation process the parties and the mediator sign a mediation agreement. In this - among other things - it is agreed that everyone will make strong efforts to solve the conflict.
Then the actual mediation begins, in which the parties actively establish themselves. The mediator stimulates them to consultation, asks various questions and summarizes. The mediator searches with the parties for their real interests and wishes instead of only treating the formal (and perhaps even fundamental) points of view.
If it is clear what the real interests and wishes are, it is time to seek a solution. At mediation more creative solutions are possible than in a legal procedure. The outcome is not imposed by the mediator: the parties themselves stipulate what the solution looks like. This produces a win-win-situation.
The outcome and concrete agreements are laid down in a so-called observation agreement. The mediation concludes with this. |