The 6 main phases of mediation, explained

We understand by mediation a method of conflict resolution whose main objective is to make relations between the people involved improve.

In this article We will talk about the phases of mediation, and what processes take place in them.

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What is mediation?

Mediation, as a conflict management and resolution method, has been and is a constant practice in our communities, societies and cultures. It is an effective tool used to negotiate between adverse parties, in the presence of a neutral third party., whose role is to facilitate communication and the search for solutions.

The purpose of mediation is not to determine who is right or wrong when there is a conflict, but to help resolve it. The key to mediation is to give the opportunity and prominence to each of the parties so that they can manage and reach an effective resolution of the conflict. The objective, therefore, is not only to reach an agreement, but how it works and what means the parties use to achieve it.

Ultimately, mediation means an attempt to help people communicate and understand each other in a different way, with the intention of broadening your perception of the problem. Being able to understand how the problem affects or how the other person feels is essential, regardless of whether or not it is possible to reach specific agreements.

For a mediation process to be effective from the beginning, the participation of the parties must be voluntary and the person who acts as mediator must be properly trained and formed.

The figure of the mediator

The mediator is the key figure in mediation and is the person who contributes to building trust between the parties and throughout the process.

It is the figure of the mediator who helps the parties in conflict to interact with each other, so that they understand each other and can work together, in a completely different way than they had been doing up to that point. His mission is, essentially, to propose procedures for finding solutions.

In order to carry out the task of mediation, it is necessary to have a series of qualities, such as be objective and empathetic, to get an idea of ​​the position of both parties; o be impartial and gain the trust of both, so that the mediator is abstracted from their opinions personal and direct the solution of the conflict based on the needs of the parties and not your own own.

Phases or stages of mediation

The mediation process should include a series of stages through which every mediator and every party in conflict must go through.

There are two large differentiated phases; a first interview with each of the parties involved in the conflict; and a second phase, once both parties agree to proceed with mediation, in which they already meet, communicate and conflict resolution begins.

1. Premediation phase

The objective of this first phase of mediation, which consists of interviewing the parties, is obtain information about the conflict, transmit confidence and allow a space for venting, so that the ground can be paved for a final meeting.

The rest of the stages of this phase would be the same as in the mediation phase: the presentation or framing, the description of what happened, the clarification of the problem, the search for solutions and, finally, the agreement. In this case, the final agreement is for the person to agree to participate in the next phase of mediation.

2. Meeting or mediation phase

The meeting or mediation phase is the most important stage of the entire process, since It is in this phase that the parties present the problem and describe what happened, in order to clarify the conflict and seek solutions.

Let's see what are the stages included in the meeting or mediation phase:

2.1. presentation or framing

In the presentation or framing, the goal is to build trust in the mediation process. The mediator is in charge of explaining how it is going to be developed (objectives, expectations, role of the mediator and the parties in conflict, etc.), to remember the importance of confidentiality and their collaboration, in addition to clarify the basic rules of participation.

This first phase is particularly convenient to inform the parties that good communication needs some minimum requirements (which there are no interruptions, that they make an effort to understand each other, that there is adequate communication, etc.), so that if these are fulfilled, it will facilitate a faster and more efficient search for solutions, in the same way that if they do not, it is very likely that the situation get worse.

Starting the meeting by reminding the parties of what mediation consists of is important, since; On the one hand, we point out that in order to solve a problem another way of interacting is necessary, and that the figure of the mediator is there to facilitate communication, so that they can resolve the conflict; and on the other hand, that the mediator will serve as a model of interaction, understanding that what is relevant is not so much the content of what is said, but rather the tone and form of the speech.

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2.2. Description of what happened by the parties in conflict

In this second stage of the mediation phase, each of the parties will be able to present their version of the conflict and will have the opportunity to express what they think and how they feel about it.

This moment is ideal for each one of them to perceive that they are being listened to and to be able to let off steam. Hence, it is important for the mediator to create a relaxed atmosphere and, above all, to manage the exchange of messages.

The mediator must ensure that the parties respect the turn of intervention, trying to get them to listen actively and empathize each one of them with the opposite party. He should also help bring the most relevant issues of the conflict to the table (without making value judgments or advising), paying attention to both the content and the relationship between the parties.

23. problem clarification

In this mediation phase, the figure of the mediator is key, since he seeks to identify what the conflict consists of in order to try to agree on the most important issues for both parties. Mutual agreement on the issues to be discussed must be ensured, so that progress can be made towards a solution to the conflict.

In addition, the mediator will have to reach a consensual version of the problem, exploring mainly the interests that underlie the positions of each one and directing the dialogue in terms of interests (a key point to be able to adequately resolve the conflict).

This stage is highly relevant, given that thanks to the questions formulated by the mediator and the parties they will be aware that there are several points of view or approaches to the same problemthus facilitating conflict resolution.

Likewise, and as we have pointed out previously, if each party presents its interests first and then its positions, it will be easier for the other party to be receptive towards them.

In short, the objective of this phase is: to identify the interests, needs and feelings of both parties; understand the position of the other empathically; and try to highlight the common elements in the perception of the conflict, highlighting the importance of reaching an agreement for both parties.

2.4. Search for solutions

In this phase, the most relevant issues are discussed and possible ways of solving and meeting are sought. Mediators must facilitate creativity in the search for ideas or solutions (through techniques such as brainstorming). ideas, creative visualization, etc.), analyzing what each party is willing to do and what it asks of the party contrary, request that they assess each of the possible solutions and ask for their agreement with each of the proposals.

In this phase it is very important that adequate communication skills are managed. At this point in the mediation process, each party will visualize the fact of seeing that the opposing person, who until then was their adversary, has become an ally with whom they to be able to communicate correctly and has made concessions, which will make it easier for the concerned party to also modify her behavior in favor of maintaining the new situation that benefits all.

2.5. Agreement

Finally, in this last stage of the mediation, which is the agreement phase, the mediator must help the parties to evaluate the proposals, as well as their pros and cons, until they can decide on one of them. In addition, should help them clearly define the agreement, looking for this to be balanced, realistic, concrete, possible and clear, accepted by all, evaluable and that it remains in writing.

The parties have to commit to comply with what they have agreed to and must sign it.. The mediator should be satisfied if the parties have been able to establish communication, although in the end they did not have been able to reach specific agreements or, for some reason, have not wanted to put it in writing with their signature.

Even on occasions when agreement has been impossible, mediation will have served as training to implement other types of communication skills, as well as to improve the relationship between the people.

Rules in a mediation process

During a mediation it is necessary to follow a series of basic rules so that the process runs smoothly.

let's see 10 rules that all mediation must meet:

• The process must be voluntary on both sides.
• There must be total and strict confidentiality.
• The mediator must not judge or make decisions, and must always be neutral and impartial.
• By guaranteeing impartiality, the possibility is ensured that all parties can express themselves having the same time and the same opportunities.
• During the mediation process, each party must be respectful, must not be interrupted or display aggressive behavior.
• The agreements must come exclusively from the parties in conflict, and the figure of the mediator is only there to help improve communication and find meeting points.
• The mediator reserves the right to suspend the meetings of the mediation process in the event of any inappropriate conduct on the part of any of the parties.
• The mediation process can be terminated if the mediated parties are unable to reach agreements and the dialogue proves to be ineffective.
• The mediator will monitor compliance with the possible commitments and agreements reached by the parties.
• The mediation process can be terminated if it is considered that it has been delayed due to irresponsible conduct by one of the parties in conflict.

Bibliographic references:

• Haynes, J.M. (2012). Fundamentals of family mediation: Practical Manual for mediators Mexico C.F.: Gaia Ediciones