Evolving from conflict to agreement(s)

Mediation

When confronted with a conflict, you can opt for mediation to look for a way forward. The mediator is an independent third party, who will first hold separate talks with each of you and will then bring all concerned together in order to explore the issues you are facing and how to deal with them.

Mediator

Carla Houben trained to facilitate mediations at the ADR Institute in Amsterdam and at the Centre for Conflict Resolution in Haarlem. She is member of the Mediators’ Association Noord-Holland. She is an experienced mediator, specializing in the labour-related field.

Basic Principles

During the mediation, events, emotions, concerns and needs will be mapped and possible solutions will be discussed. During the entire process, participation is on a voluntary basis, confidentiality holds (solutions proposed cannot be held against anyone later on) and there is equality between participants (they determine the agenda and priorities).The results are only binding when final agreement is reached -if desired after consulting legal experts on both sides- and a written agreement is signed.

Often the mediation process leads to improved communication. The focus is future-oriented.
Mediation calls for active participation by the participants, honesty concerning interests and underlying motives and creativity in searching for solutions which serve all those concerned.

Process

At the beginning of the mediation process, the participants and the mediators sign a mediation agreement, basically stating:
– they will do their best to solve the conflict(s) through mediation
– the proceedings of the mediation process will be confidential, to encourage an open dialogue, without participants fearing that it may used against them
– ongoing legal procedures between parties will be suspended, unless that would lead to the irrevocable expiration of legal deadlines or the loss of rights or redress possibilities.

Right from the start of the mediation, an effort will be made to work on the communication between the participants. They will be invited to disclose their points of view as well as their underlying interests and points of concern and to listen and recognize those of the other participants. The focus is on what the issues really are.

At various stages of the mediation process, if all parties agree, the mediator can have caucus talks with each of the participants in turn. Furthermore, advisors or experts may be asked to lend their services or participate (in which case they must also become party to the same confidentiality agreement).

Subsequently, as many solutions as possible are generated and categorised, amongst which win-win solutions serving the interests of all. The participants then choose from the various options. These are then checked to see whether they are in line with objective criteria and whether they can feasibly be implemented (reality check). A concept final agreement is drawn up, if desired checked by external experts, and further elaborated as necessary.

If participants agree, they all sign the final agreement. This agreement is legally binding. After a certain amount of time, the participants may return to discuss how the implementation is going.

Outcomes

Mediation encourages:
– the exploration of totally new solutions
– improvement in the participants’ relation, or ending the relation in a decent manner
– a high rate of compliance, because the participants themselves have worked out the solutions.

Conditions

Of course, all participants in the mediation process must have sufficient mandate and authorisation to reach a solution.

Legal procedures are put on hold, unless formal steps are required in order to safeguard rights and meet legal deadlines.

Contra-indications

Contra-indications to mediation can be:
– no commitment to finding a solution
– no commitment to letting go of the conflict
– violence or strong escalation of the conflict
– the need for public jurisdiction (e.g. in order to set a precedent).

Frequency

On average, three to five sessions of a couple of hours each are sufficient (10-12 hours in all, including the making of subsequent appointments).
 
These are often planned at relatively rapid intervals, to ensure that participants are not left in uncertainty and tension any longer than necessary. Obviously, this also depends on the agenda’s, wishes and cooperation of the participants.

Costs

Costs include the following items:
– the fee of the mediator and possibly personal assistance, plus 5% office fees and the obligatory VAT taxes (currently 21% BTW)
– extra costs made (e.g. to rent a location, for telephone calls or for travel: €0,20/kilometre or train and taxi fares)
– actual costs made – upon agreement – to consult experts and/or advisors.

The fee does not depend on the proceedings of the mediation nor on the outcome. It is comprised of hourly wages for time spent in preparation, holding the meetings, drawing up reports, conceiving agreements, making telephone calls, writing mails and travelling (travel time is charged for a maximum of 50%)

In labour-related mediations, the employer often covers all the costs of mediation.
In other cases, participants equally share the costs of the mediation.
And participants may agree to a different arrangement.
Certain legal assistance insurances cover the costs of mediation.
Please consult the terms of your insurance policy to see whether this applies for you.

Location

The mediations can be held at your work, or at Carla’s in Amsterdam (click here), or elsewhere.

General Conditions MiNT Mediations

For the General Conditions of MiNT Mediations, click here.

Privacy Policy

For the Privacy Policy of MiNT Mediations, click here.

Transformatief

“The unique promise of mediation lies in its capacity to transform the quality of conflict interaction itself, so that conflicts can actually strengthen both the parties themselves and the society they are part of. Because of is informality and consensuality, mediation can allow parties to define problems and goals in their own terms and can support the parties’ exercise of self-determination in deciding how, or even whether, to settle in a dispute. Human beings have inherent capacities for both agency and empathy. We need and seek measures of individual autonomy and social connection, freedom and responsibility, and a healthy balance between the two.”

Bush and Folger, The Promise of Mediation

 

Evolving from conflict to agreement(s)

Mediation

When confronted with a conflict, you can opt for mediation to look for a way forward. The mediator is an independent third party, who will first hold separate talks with each of you and will then bring all concerned together in order to explore the issues you are facing and how to deal with them.

Mediator

Carla Houben trained to facilitate mediations at the ADR Institute in Amsterdam and at the Centre for Conflict Resolution in Haarlem. She is member of the Mediators’ Association Noord-Holland. She is an experienced mediator, specializing in the labour-related field.

Basic principles

During the mediation, events, emotions, concerns and needs will be mapped and possible solutions will be discussed. During the entire process, participation is on a voluntary basis, confidentiality holds (solutions proposed cannot be held against anyone later on) and there is equality between participants (they determine the agenda and priorities).The results are only binding when final agreement is reached -if desired after consulting legal experts on both sides- and a written agreement is signed.

Often the mediation process leads to improved communication. The focus is future-oriented.
Mediation calls for active participation by the participants, honesty concerning interests and underlying motives and creativity in searching for solutions which serve all those concerned.

Process

At the beginning of the mediation process, the participants and the mediators sign a mediation agreement, basically stating:
– they will do their best to solve the conflict(s) through mediation
– the proceedings of the mediation process will be confidential, to encourage an open dialogue, without participants fearing that it may used against them
– ongoing legal procedures between parties will be suspended, unless that would lead to the irrevocable expiration of legal deadlines or the loss of rights or redress possibilities.

Right from the start of the mediation, an effort will be made to work on the communication between the participants. They will be invited to disclose their points of view as well as their underlying interests and points of concern and to listen and recognize those of the other participants. The focus is on what the issues really are.

At various stages of the mediation process, if all parties agree, the mediator can have caucus talks with each of the participants in turn. Furthermore, advisors or experts may be asked to lend their services or participate (in which case they must also become party to the same confidentiality agreement).

Subsequently, as many solutions as possible are generated and categorised, amongst which win-win solutions serving the interests of all. The participants then choose from the various options. These are then checked to see whether they are in line with objective criteria and whether they can feasibly be implemented (reality check). A concept final agreement is drawn up, if desired checked by external experts, and further elaborated as necessary.

If participants agree, they all sign the final agreement. This agreement is legally binding. After a certain amount of time, the participants may return to discuss how the implementation is going.

Outcomes

Mediation encourages:
– the exploration of totally new solutions
– improvement in the participants’ relation, or ending the relation in a decent manner
– a high rate of compliance, because the participants themselves have worked out the solutions.

Conditions

Of course, all participants in the mediation process must have sufficient mandate and authorisation to reach a solution.

Legal procedures are put on hold, unless formal steps are required in order to safeguard rights and meet legal deadlines.

Contra-indications

Contra-indications to mediation can be:
– no commitment to finding a solution
– no commitment to letting go of the conflict
– violence or strong escalation of the conflict
– the need for public jurisdiction (e.g. in order to set a precedent).

Frequency

On average, three to five sessions of a couple of hours each are sufficient (10-12 hours in all, including the making of subsequent appointments).
 
These are often planned at relatively rapid intervals, to ensure that participants are not left in uncertainty and tension any longer than necessary. Obviously, this also depends on the agenda’s, wishes and cooperation of the participants.

Costs

Costs include the following items:
– the fee of the mediator and possibly personal assistance, plus 5% office fees and the obligatory VAT taxes (currently 21% BTW)
– extra costs made (e.g. to rent a location, for telephone calls or for travel: €0,20/kilometre or train and taxi fares)
– actual costs made – upon agreement – to consult experts and/or advisors.
 
The fee does not depend on the proceedings of the mediation nor on the outcome. It is comprised of hourly wages for time spent in preparation, holding the meetings, drawing up reports, conceiving agreements, making telephone calls, writing mails and travelling (travel time is charged for a maximum of 50%)
 
In labour-related mediations, the employer often covers all the costs of mediation.
In other cases, participants equally share the costs of the mediation.
And participants may agree to a different arrangement.
Certain legal assistance insurances cover the costs of mediation.
Please consult the terms of your insurance policy to see whether this applies for you.

Location

The mediations can be held at your work, or at Carla’s in Amsterdam (click here), or elsewhere.

General Conditions MiNT Mediations

For the General Conditions of MiNT Mediations, click here.

Privacy Policy

For the Privacy Policy of MiNT Mediations, click here.

Transformatief

“The unique promise of mediation lies in its capacity to transform the quality of conflict interaction itself, so that conflicts can actually strengthen both the parties themselves and the society they are part of. Because of is informality and consensuality, mediation can allow parties to define problems and goals in their own terms and can support the parties’ exercise of self-determination in deciding how, or even whether, to settle in a dispute. Human beings have inherent capacities for both agency and empathy. We need and seek measures of individual autonomy and social connection, freedom and responsibility, and a healthy balance between the two.”

Bush and Folger, The Promise of Mediation

 

Evolving from conflict to agreement(s)

Mediation

When confronted with a conflict, you can opt for mediation to look for a way forward. The mediator is an independent third party, who will first hold separate talks with each of you and will then bring all concerned together in order to explore the issues you are facing and how to deal with them.

Mediator

Carla Houben trained to facilitate mediations at the ADR Institute in Amsterdam and at the Centre for Conflict Resolution in Haarlem. She is member of the Mediators’ Association Noord-Holland. She is an experienced mediator, specializing in the labour-related field.

Basic Principles

During the mediation, events, emotions, concerns and needs will be mapped and possible solutions will be discussed. During the entire process, participation is on a voluntary basis, confidentiality holds (solutions proposed cannot be held against anyone later on) and there is equality between participants (they determine the agenda and priorities).The results are only binding when final agreement is reached -if desired after consulting legal experts on both sides- and a written agreement is signed.

Often the mediation process leads to improved communication. The focus is future-oriented.
Mediation calls for active participation by the participants, honesty concerning interests and underlying motives and creativity in searching for solutions which serve all those concerned.

Process

At the beginning of the mediation process, the participants and the mediators sign a mediation agreement, basically stating:
– they will do their best to solve the conflict(s) through mediation
– the proceedings of the mediation process will be confidential, to encourage an open dialogue, without participants fearing that it may used against them
– ongoing legal procedures between parties will be suspended, unless that would lead to the irrevocable expiration of legal deadlines or the loss of rights or redress possibilities.

Right from the start of the mediation, an effort will be made to work on the communication between the participants. They will be invited to disclose their points of view as well as their underlying interests and points of concern and to listen and recognize those of the other participants. The focus is on what the issues really are.

At various stages of the mediation process, if all parties agree, the mediator can have caucus talks with each of the participants in turn. Furthermore, advisors or experts may be asked to lend their services or participate (in which case they must also become party to the same confidentiality agreement).

Subsequently, as many solutions as possible are generated and categorised, amongst which win-win solutions serving the interests of all. The participants then choose from the various options. These are then checked to see whether they are in line with objective criteria and whether they can feasibly be implemented (reality check). A concept final agreement is drawn up, if desired checked by external experts, and further elaborated as necessary.

If participants agree, they all sign the final agreement. This agreement is legally binding. After a certain amount of time, the participants may return to discuss how the implementation is going.

Outcomes

Mediation encourages:
– the exploration of totally new solutions
– improvement in the participants’ relation, or ending the relation in a decent manner
– a high rate of compliance, because the participants themselves have worked out the solutions.

Conditions

Of course, all participants in the mediation process must have sufficient mandate and authorisation to reach a solution.

Legal procedures are put on hold, unless formal steps are required in order to safeguard rights and meet legal deadlines.

Contra-indications

Contra-indications to mediation can be:
– no commitment to finding a solution
– no commitment to letting go of the conflict
– violence or strong escalation of the conflict
– the need for public jurisdiction (e.g. in order to set a precedent)

Frequency

On average, three to five sessions of a couple of hours each are sufficient (10-12 hours in all, including the making of subsequent appointments).

These are often planned at relatively rapid intervals, to ensure that participants are not left in uncertainty and tension any longer than necessary. Obviously, this also depends on the agenda’s, wishes and cooperation of the participants.

Costs

Costs include the following items:
– the fee of the mediator and possibly personal assistance, plus 5% office fees and the obligatory VAT taxes (currently 21% BTW)
– extra costs made (e.g. to rent a location, for telephone calls or for travel: €0,20/kilometre or train and taxi fares)
– actual costs made – upon agreement – to consult experts and/or advisors.
 
The fee does not depend on the proceedings of the mediation nor on the outcome. It is comprised of hourly wages for time spent in preparation, holding the meetings, drawing up reports, conceiving agreements, making telephone calls, writing mails and travelling (travel time is charged for a maximum of 50%)
 
In labour-related mediations, the employer often covers all the costs of mediation.
In other cases, participants equally share the costs of the mediation.
And participants may agree to a different arrangement.
Certain legal assistance insurances cover the costs of mediation.
Please consult the terms of your insurance policy to see whether this applies for you.

Location

The mediations can be held at your work, or at Carla’s in Amsterdam (click here), or elsewhere.

General Conditions MiNT Mediations

For the General Conditions of MiNT Mediations, click here.

Privacy Policy

For the Privacy Policy of MiNT Mediations, click here.

Transformatief

“The unique promise of mediation lies in its capacity to transform the quality of conflict interaction itself, so that conflicts can actually strengthen both the parties themselves and the society they are part of. Because of is informality and consensuality, mediation can allow parties to define problems and goals in their own terms and can support the parties’ exercise of self-determination in deciding how, or even whether, to settle in a dispute. Human beings have inherent capacities for both agency and empathy. We need and seek measures of individual autonomy and social connection, freedom and responsibility, and a healthy balance between the two.”

Bush and Folger, The Promise of Mediation

 

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