Mark de Krosse
A human, yet no-nonsense approach.
Mediation as a solution for conflicts
A divorce, a labor dispute, or a business conflict?
Conflicts can arise almost anywhere: in relationships, within families, between neighbors, at work, in business relationships, and the list can go on and on.
If you don’t want a conflict to escalate further but prefer it to be resolved, mediation could be the solution. Feel free to contact me for a free and non-binding consultation! I will update you on what mediation can offer and how I can assist you with it.
A conflict can almost always be resolved.
Most conflicts in life are resolved independently, but sometimes this is not possible. Occasionally, the relationships can become so severely disrupted that normal discussions seem impossible. There are also situations where perspective is lost, and it is not uncommon for parties to no longer even remember the cause of the conflict.
In such cases, parties may benefit from the guidance of a mediator. Someone who does not take a position but provides a listening ear for all parties involved. A good mediator also ensures that everything that needs to be said is addressed in a constructive manner.
Getting your way or finding a solution together?
In short, mediation is the resolution of a conflict with the guidance of a mediator, an independent and impartial facilitator. Mediation is not about being right or getting one’s way, winning or losing; it is about finding a solution to the conflict that is acceptable to all parties involved.
The benefits of mediation
Doing nothing and allowing a conflict to persist is a way of conflict management that occurs more often than you might think. It is very frustrating, and it doesn’t lead to any positive outcomes. Litigation, in any form, is also common. Usually, it is a time-consuming and costly process. The outcome is uncertain, as there is always some risk involved, and the atmosphere between the parties rarely improves. Here are the main benefits of mediation:
✓ Mediation costs are typically shared by both parties (usually each pays half). Read more about the costs here.
✓ The fee of a mediator is often lower than that of a lawyer.
✓ A mediation process usually consists of three to five sessions lasting two hours each and can therefore be completed quickly. Going to court can easily take several months.
✓ Parties have actual influence over the outcome. The result is supported by both parties; in a judicial ruling, one party is often disappointed, and frequently, all parties are.
✓ Mediation often leads to a normalization of the relationship between the parties, which is usually not the case in legal proceedings.
How does the mediation process proceed?
Contact without obligation
The process usually starts with a non-binding introduction/intake. This is important for the parties to determine whether they have a connection and whether there is a basis of trust. Trust among all parties is essential, as sensitive matters will be discussed.
During the introduction, the conflict is briefly addressed. It is usually discussed only enough to create a short description for the mediation agreement.
Subsequently, the mediator checks with the parties whether they are participating voluntarily, whether they can and may represent themselves (or their organization), and whether they are willing to engage constructively in the mediation.
The mediation agreement
Before the process truly begins, the parties enter into an agreement with the mediator. This agreement primarily outlines the role of the mediator. The costs of the process and the distribution of those costs between the parties are also established. Importantly, the confidentiality obligation is documented in writing. However, nothing is yet arranged regarding the proceedings between the parties; that will come later.
The agreement meets the requirements set by the MfN. It also references a complaint procedure and the code of conduct to which the mediator is bound.
The conversations
In the first conversation, the mediator explains the process once again, refers to the mediation agreement, checks for voluntariness, and reminds everyone of their confidentiality and responsibilities. Only then does the real work begin.
It is the mediator’s responsibility to ensure that the parties can share their stories in a safe environment. The mediator remains impartial and neutral, asking the necessary questions to bring all issues to the table. This is often not achieved in the first conversation, though sometimes it is. Once everything that needs to be discussed has been addressed, the parties look for solutions and we try to make agreements together.
The settlement agreement
When parties reach solutions, which is the case in the vast majority of situations, the mediator will record these as accurately as possible in a settlement agreement. Or, in the case of a divorce, in a covenant. At that moment, the agreements become binding. Parties can temporarily terminate the mediation and are then not bound by what has been discussed so far. This allows parties the space to discuss and explore all possibilities during the mediation process.
Once the agreements have been neatly documented and signed, the mediation process comes to an end. The mediator will also formally conclude the process. Sometimes, some aftercare is needed. I am also available for that.
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After signing the last signatures, the process is complete.
Mediation as a solution for conflicts
A divorce, a labor dispute, or a business conflict?
Conflicts can arise almost anywhere: in relationships, within families, between neighbors, at work, in business relationships, and the list can go on and on.
If you don’t want a conflict to escalate further but prefer it to be resolved, mediation could be the solution. Feel free to contact me for a free and non-binding consultation! I will update you on what mediation can offer and how I can assist you with it.
A conflict can almost always be resolved.
Most conflicts in life are resolved independently, but sometimes this is not possible. Occasionally, the relationships can become so severely disrupted that normal discussions seem impossible. There are also situations where perspective is lost, and it is not uncommon for parties to no longer even remember the cause of the conflict.
In such cases, parties may benefit from the guidance of a mediator. Someone who does not take a position but provides a listening ear for all parties involved. A good mediator also ensures that everything that needs to be said is addressed in a constructive manner.
Getting your way or finding a solution together?
In short, mediation is the resolution of a conflict with the guidance of a mediator, an independent and impartial facilitator. Mediation is not about being right or getting one’s way, winning or losing; it is about finding a solution to the conflict that is acceptable to all parties involved.
The benefits of mediation
Doing nothing and allowing a conflict to persist is a way of conflict management that occurs more often than you might think. It is very frustrating, and it doesn’t lead to any positive outcomes. Litigation, in any form, is also common. Usually, it is a time-consuming and costly process. The outcome is uncertain, as there is always some risk involved, and the atmosphere between the parties rarely improves. Here are the main benefits of mediation:
✓ Mediation costs are typically shared by both parties (usually each pays half). Read more about the costs here.
✓ The fee of a mediator is often lower than that of a lawyer.
✓ A mediation process usually consists of three to five sessions lasting two hours each and can therefore be completed quickly. Going to court can easily take several months.
✓ Parties have actual influence over the outcome. The result is supported by both parties; in a judicial ruling, one party is often disappointed, and frequently, all parties are.
✓ Mediation often leads to a normalization of the relationship between the parties, which is usually not the case in legal proceedings.
How does the mediation process proceed?
Contact without obligation
The process usually starts with a non-binding introduction/intake. This is important for the parties to determine whether they have a connection and whether there is a basis of trust. Trust among all parties is essential, as sensitive matters will be discussed.
During the introduction, the conflict is briefly addressed. It is usually discussed only enough to create a short description for the mediation agreement.
Subsequently, the mediator checks with the parties whether they are participating voluntarily, whether they can and may represent themselves (or their organization), and whether they are willing to engage constructively in the mediation.
The mediation agreement
Before the process truly begins, the parties enter into an agreement with the mediator. This agreement primarily outlines the role of the mediator. The costs of the process and the distribution of those costs between the parties are also established. Importantly, the confidentiality obligation is documented in writing. However, nothing is yet arranged regarding the proceedings between the parties; that will come later.
The agreement meets the requirements set by the MfN. It also references a complaint procedure and the code of conduct to which the mediator is bound.
The conversations
In the first conversation, the mediator explains the process once again, refers to the mediation agreement, checks for voluntariness, and reminds everyone of their confidentiality and responsibilities. Only then does the real work begin.
It is the mediator’s responsibility to ensure that the parties can share their stories in a safe environment. The mediator remains impartial and neutral, asking the necessary questions to bring all issues to the table. This is often not achieved in the first conversation, though sometimes it is. Once everything that needs to be discussed has been addressed, the parties look for solutions and we try to make agreements together.
The settlement agreement
When parties reach solutions, which is the case in the vast majority of situations, the mediator will record these as accurately as possible in a settlement agreement. Or, in the case of a divorce, in a covenant. At that moment, the agreements become binding. Parties can temporarily terminate the mediation and are then not bound by what has been discussed so far. This allows parties the space to discuss and explore all possibilities during the mediation process.
Once the agreements have been neatly documented and signed, the mediation process comes to an end. The mediator will also formally conclude the process. Sometimes, some aftercare is needed. I am also available for that.
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Introduction without obligation
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- ✓ What is mediation?
- ✓ When do you involve a mediator?
- ✓ What are the benefits?
- ✓ Who is Mark?
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