1. Principle: No one may be compelled to participate
All parties participate voluntarily in the mediation process. That's fine, but what if, for example, the employer wants their employees to participate in a mediation process? How far does an employee voluntarily participate in the process? In that case, the Chef be present at least during the first session and articulate his hopes with the procedure.
Important in the procedure is that the highest-ranking participant first announces your interests, so that the framework for the employees and the mediators is easier manageable!
2. Principle: The process is carried out according to the results
What is meant by this?
There is no defined goal in advance.
The employer, for example, to come back from the first principle, can not now express his wishes as to how the mediation process ends. For example, a mediation process may be conducted between two parties to explore closer cooperation, and instead the parties will be totally disconnected after the trial.
Of course, that can also go in the other direction. Mediation for separation leads to a closer union. There is no right or wrong result, it can go in any direction.
3. Principle: The mediator is neutral and all-party
This is one of the core pieces of mediation. The mediator is absolutely neutral and has to be open to all parties, regardless of who pays his fee. Without this neutrality, the conflicting parties could not trust the mediator and the procedure.
Everyone feels "ripped off". This principle of neutrality has also been included in the Mediation Act. It is forbidden for the mediator to conduct proceedings on a matter in which he has previously worked for one of the parties.
This applies, for example, to tax consultants who carry out a mediation procedure with their clients. The principle can only be deviated if both or all conflict parties agree.
4. Principle: willingness to solve / personal responsibility
The solution is not "proclaimed" by the mediator. This is also an essential difference to a so-called mediation. A conciliation procedure always ends with a conciliation claim, which is thus professionally weighed the various sides, the pros and cons and in the end a result is announced.
This is absolutely not the case here! The conflicting parties themselves must work out the solution. Even if no solution can be found - for a variety of reasons, the mediator will never interfere. No solution is one of many possible solutions.
5. Principle: The feedback
This principle is based on the fourth principle. The mediator will always check with the parties whether they agree with their conversation, whether you consider him neutral, or whether someone feels depressed.
6. Principle: Confidentiality
For the mediation process to be successful, the absolute confidentiality of the information must be ensured. The parties must feel absolutely safe (and, of course, rightly) that no one is experiencing anything outside of the room unless it is so wanted by both.
7. Principle: information
The mediator must ensure that all parties have the same level of information. He will also press for everyone to have their agreements legally reviewed before signing.
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