The 6 main phases of mediation, explained.

A review of the stages of the mediation process; a method to achieve mutual understanding.

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

In this article we will talk about the phases of mediationand what processes take place in them.

What does mediation consist of?

Mediation, as a method of conflict management and resolution, 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 between the parties.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 a conflict exists, but to help resolve it. The key to mediation is to give the opportunity and ownership to each of the parties so that they can manage and reach an effective resolution of the conflict. 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 is worked and what means the parties use to achieve it.

Mediation is, in short, an attempt to help people to communicate and understand each other in a different way.The intention is to broaden their perception of the problem. To be able to understand how the problem affects or how the other person feels is fundamental, beyond whether or not it is possible to reach concrete agreements.

For a mediation process to be effective from the outset, the participation of the parties must be voluntary and the person acting as mediator must be properly trained and educated.

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 get to work together, in a completely different way than they would have done in the past.The mediator's role is, essentially, to propose the best possible solution to the conflict, in a completely different way from what they have been doing up to that moment. Its task is essentially to propose procedures for finding solutions.

In order to carry out the task of mediation, it is necessary to have a number of qualities, such as the ability to being objective and empatheticThe mediator can either be impartial and gain the trust of both parties, so that the mediator is abstracted from his or her personal opinions and directs the solution of the conflict based on the needs of the parties and not his or her 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 pass..

There are two major distinct phases; a first interview with each of the parties involved in the conflict; and a second phase, once both parties agree to proceed with the mediation, in which they meet, communicate and the conflict resolution is set in motion.

1. Pre-mediation phase

The objective of this first phase of mediation, which consists of interviewing the parties, is to to obtain information about the conflict, to transmit confidence and to allow a space for unburdening, so as to pave the way for a final meeting.The rest of the stages of this phase would be the same as in the mediation phase.

The remaining 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 consists of the person agreeing to participate in the next phase of mediation.

2. Encounter or mediation phase

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

Let us see which are the stages included in the encounter or mediation phase:

2.1. Presentation or framing

In the presentation or framing, the objective is to create confidence in the mediation process. The mediator is in charge of explaining how the process will develop (objectives, expectations, role of the mediator and the parties in conflict, etc.), of reminding the parties of the importance of confidentiality and of their collaboration, as well as clarifying the basic rules of participation. clarifying the basic rules of participation.

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

It is important to begin the meeting by reminding the parties what mediation is all about, since, on the one hand, we point out to them that in order to solve a problem, another way of interacting is necessary, and that 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 for them. the mediator will serve as a model of interaction.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 discourse.

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 his or her version of the conflict and will have the opportunity to express what he or she thinks and how he or she feels about it.

This moment is ideal for each of them to feel that they are being listened to and to be able to unburden themselves. It is therefore 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 each other's turn to speak, trying to get them to actively listen and empathize with the other party.. The mediator should also help to put on the table the most relevant issues of the conflict (without making value judgments or giving advice), paying attention to both the content and the relationship between the parties.

2.3. Clarification of the problem

In this phase of mediation, the figure of the mediator is key, as he/she seeks to identify what the conflict consists of in order to try to reach a consensus on the most important issues for both parties. Mutual agreement on the issues to be addressed 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 underlying each party's positions and conducting the dialogue in terms of interests (a key point in order to adequately resolve the conflict).

This stage is of great relevance, since thanks to the questions asked by the mediator and the parties, they will be aware that there are several points of view. will be aware that there are several points of view or approaches to the same problem, thus facilitating the resolution of the conflict.thus facilitating the resolution of the conflict.

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

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

2.4. Search for solutions

In this phase, the most relevant issues are discussed and possible ways of solution and meeting are sought. Mediators should facilitate creativity in the search for ideas or solutions (through techniques such as brainstorming, creative visualization, etc.), analyzing what each party is willing to do and what it is asking of the other party, asking them to evaluate each of the possible solutions and asking for their agreement with each of the proposals..

In this phase it is very important to have good communication skills. At this point in the mediation process, each party will visualize the fact that the other party, who until then was their adversary, has become an ally with whom they can communicate correctly and has made concessions, which will make it easier for the party concerned to also modify their behavior in order to maintain the new win-win situation.

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. The mediator should also help them to clearly define the must also help them to clearly define the agreementThe agreement should be balanced, realistic, concrete, concrete, possible and clear, accepted by all, evaluable and in writing.

The parties must commit themselves to comply with what they have agreed and must sign it.. The mediator should be satisfied if the parties have been able to communicate, even if they have not been able to reach concrete agreements or, for some reason, have not wanted to put it in writing with their signature.

Even on those occasions when agreement has been impossible, the mediation will have served as training in other communication skills, as well as in improving the relationship between people.

Rules in a mediation process

During a mediation it is necessary to follow a series of basic rules for the process to run smoothly.

Here are 10 rules that all mediation must comply with:

• The process must be voluntary for both parties.
• 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, it ensures that all parties have equal time and opportunity to express themselves.
• During the mediation process, each party must be respectful, must not interrupt each other and must not show 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 seek common ground.
• The mediator reserves the right to suspend the meetings of the mediation process in the event of any inappropriate behavior on the part of any of the parties.
• The mediation process may be terminated if the mediated parties are unable to reach agreement and the dialogue proves to be ineffective.
• The mediator will monitor the fulfillment of the possible commitments and agreements reached by the parties.
• The mediation process may be terminated if it is deemed to have been delayed by irresponsible conduct on the part of any of the parties to the conflict.

Bibliographical references:

• Haynes, J.M. (2012). Fundamentos de la mediación familiar: Manual Práctico para mediadores Mexico City: Gaia Ediciones.