What is mediation?
A structured process for jointly developing a solution.
In what situations would mediation be appropriate for me?
A classic scenario is an emerging or ongoing conflict. The focus is on finding a solution that takes both parties’ interests into account, without ignoring the elephant in the room. This means that the conflict is addressed so that the solution developed can ultimately be sustainably implemented and put into practice. The result is therefore a
reactive approach.
To keep the risk of conflict in check from the outset, a mediator can also be brought in
preventively: Where decision-making processes require the cooperation of different stakeholders with diverging interests, structuring the joint search for solutions brings objectivity to the discourse.
What is the aim of mediation?
To develop and find solutions whilst maintaining the (business) relationship.
What are the mediator’s responsibilities?
As a mediator, I have learnt to address decision-making processes and conflict situations in a structured manner. To this end, we first need a ‘set of rules’ that defines the framework within which we will work together. My role will be to draw up these rules with the agreement of both parties and to ensure they are adhered to throughout the mediation process. I therefore represent both sides. I also provide the premises (our lovely office at Lange Gasse 50) and take care of all the organisational arrangements.
In the matter itself, we approach the solution following a specific structure or framework. It is important here to separate the person from the issue itself. I would be happy to tell you more about the structure and process during a personal and free initial consultation.
Once the agreed solution is in place at the end of the mediation process, the focus then shifts to ensuring it is adhered to. Thanks to my background as a solicitor, I can immediately ensure legal enforceability in the event of a (partial) success. Depending on the subject matter of the agreement, my colleagues at FSM can also handle the drafting of the contract.
To ensure the solution is implemented sustainably, there is of course also the option of an evaluation. Whether this is an ongoing process or a one-off, the decision is always yours. My recommendation as a mediator is simply this: agree on it in advance.
What are the advantages of a mediation process?
The
Rules of Procedure are not a law comprising 636 sections that prescribes a strict sequence with far-reaching consequences and is understood and truly mastered only by proven experts. On the contrary. It fits on a single A4 page and is flexibly adaptable, allowing us to respond to successes and setbacks throughout the process. It is easy to understand because I propose it, discuss it thoroughly with you, and we agree on it together.
The decision on the matter is not made by an (external) third party. This principle is referred to as
self-determined solution-finding. This means that you shape the proposed solutions. Initially without any restrictions on thinking – but naturally in compliance with applicable laws – and then work out common ground. My role in this is simply to support you on the path to your goal (see
What tasks does the mediator undertake?).
The
duration between sessions (in our context, more like meetings) is not measured in months. Rather, the frequency is determined by your schedule and the urgency of the matter.
Cost control: You always retain control over the course and outcome of the process and thus have a direct influence on the associated costs.
Mediation is structured in such a way that a factual exchange gives way to an emotional one. Objectivity in the negotiation increases the chance of
preserving the (business) relationship.
In what context does a mediation process make sense (target group)?
- Client/contractor;
- Companies in internal relations: (co-)shareholders and (co-)managing directors;
- Companies in external relations: suppliers;
- Horizontal employer-employee relations: employees amongst themselves;
- Vertical employer-employee relations: employees and senior management/employers;
- Landlords and owners’ associations;
- Builders and planning and/or construction companies (e.g. in ECI);
- Infrastructure projects: project operators and affected communities.
Do you have any further questions?
You can contact me at any time by telephone (+43 676 88909860) or by email at
juricek@fsm.law to clarify any questions directly or to arrange a personal appointment. We would be happy to arrange a free initial consultation.
