What are the five phases of mediation?

Phase I: Opening

In the opening phase all the parties (mediatees) and myself meet in person.

All questions, the procedure, the characteristics of a mediation and the role of the mediator are discussed. We also agree on a culture of discussion. Confidentiality between the parties and the question of costs have usually already been clarified. If not, these questions can be addressed in this phase.

Voluntary participation in mediation and agreement to caucus (one-on-one meetings) are verified. The expectations and final organizational framework are considered. First and foremost, this phase serves to build trust with the mediator.

Phase II: Stock-taking

One after the other, the conflict parties describe their view of the conflict and its cause(s).

As a mediator, I make sure that all parties get equal time to talk and that the culture of conversation is maintained. Subsequently, the mediatees formulate their issues, i.e. they name their conflict concerns in a heading.

Classic formulations are, for example, “dealing with,” “manner of,” and “future of.”

The goal of this phase is for the mediator to understand the conflict and all of its backgrounds in order to be able to view the situation in its depth from a neutral perspective, as well as to be able to conduct the proceedings in a thoughtful manner.

Phase III: Identification of Interest

The headings found in the stock-taking are discussed in detail.

Particularly relevant are the motives of the individual conflict parties and their reasons for their positions: Why exactly this way and in no other way? In technical jargon, these are the interests.

The art of mediation is to determine these interests, to record them and to make them transparent for all. At the same time, and much more importantly, the mediatees dare to show their cards a little, for which they are usually rewarded only at the end of the conflict resolution.

The better, that is, the more interests are noted, the more individualized solutions can be designed in the next phase. As a mediator, I will humbly and incessantly ask “why”, “what for” and “what is the point”.

Determining interests is for me the most important phase of mediation and decisive for quality.

Phase IV: Option Development

With the help of creativity techniques, conflicting parties unfold their full potential and create innovative ideas for their conflict. The so-called synthesis treasure can be tapped here.

In addition to providing creativity techniques, I question the feasibility of the projects and whether sufficient skills are available for them.

Once the question of feasibility has been answered for all ideas, I accompany the mediants in the selection process of their ideas and intercept any new tensions that arise. The phase is complete when a solution has been found for each conflict issue.

Phase V: Final Agreement

In the last phase, the results are fixed and the fulfillment of expectations is checked.

In the case of a contract, a legal review by a lawyer is recommended. The mediatees may and should pat themselves on the back for the achievement of conflict clarification and resolution. An evaluation phone call or even a meeting can be arranged.