The principles of mediation
Requirements for an effective process
There are some essential principles in mediation which are listed below:
The principle of voluntariness
articipation in mediation is voluntary. Both the mediator and the mediator can end a mediation at any time. Without this willingness, no mediation is possible and the resulting procedure is no mediation.
The principle of confidentiality
Confidentiality is one of the central principles of the mediation process. Those involved in the proceedings can only negotiate openly about their interests if they can be sure that none of this can be used against them.
The principle of impartiality of the mediator
The neutrality of the mediator is essential for the success of the mediation. The mediator is neutral and impartial. In this sense, the mediator must also be accepted by the conflicting parties. The mediator himself has no interest in the outcome of any conflict. He does not propose solutions and does not evaluate or judge.
The principle of multipartiality
In contrast to neutrality, the multipartiality described in § 2 Absatz 3 MediationsG is the connecting element between the mediator and the parties: “The mediator is equally obliged to all parties.” § 2 Abs. 3 MediationsG.
The principle of personal responsibility
The conflicting parties themselves have the greatest competence to resolve their dispute. They will develop a tailor-made solution on their own responsibility. The mediator has no decision-making powers of his own. He supports the communication process and is responsible for the manner in which the dispute is resolved. He instructs the parties to find quick, flexible and also inexpensive regulations from which all sides benefit.
The principle of diligence and honesty
Since mediation focuses on the personal responsibility of the conflict partners, it is important that the mediators disclose all facts that are relevant for resolving the conflict in mediation. The mediator ensures that the conflicting parties inform themselves about all the details of the conflict to be resolved, by seeking advice from an expert if necessary.
The principle of openess of results
The openness of results in mediation is therefore important in order to develop strategies for the future. The past is only dealt with in the mediation process to the extent that old patterns and ways of thinking can be questioned. Otherwise, an open-ended mediation helps to put the proverbial line under the past and create a positive future.
“Everything that needs to be said has already been said. But since no one was listening, everything must be said again.“