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E-Mediation

The Covid-19 pandemic has presented us with the opportunity to develop our skills in providing online mediation services. Video conferencing offers us a confidential and trusted framework to work together to resolve your dispute. Thanks to this service we can easily communicate with one another in real time.

Mediation through video conferencing is not only as effective as traditional face-to-face mediation but also facilitates parties who are located at a distance from one another. Moreover, recent studies show that it can be a low-stress process that fosters trust and positive emotions while allowing greater flexibility. (published by CTI, April 2021) (https://www.pon.harvard.edu/daily/mediation/types-mediation-choose-type-best-suited-conflict/)

Situation caused by Covid-19

The COVID-19 virus caused several situations especially in those fields:  business contracts, rental agreements and labor law (working conditions with home office etc.). Our team is here to support you in finding solution to your situation due to Covid-19. (Published by CTI, April 2021)

Lawyers, let’s cooperate!

What is the power and impact of mediation on the relationship between lawyers and their clients?

Mediation can not only offer an alternative way to resolve issues, it can also foster a long term and mutually trustful relationship between lawyers and their clients.

When lawyers are open to proposing alternative ways to resolve conflict other than the classic legal procedure, it demonstrates that they are acting in the best interests of their clients and with the goal of finding the quickest and most cost effective solution. This will not only enhance the confidence between lawyers and their clients but also help to create a long term relationship. 

As trained mediators and lawyers, our team is here to support you in making the best use of mediation to support your clients. CTI Mediation is pleased to collaborate with lawyers, helping them to build or sustain long term relationships with their clients by proposing the best solution for each individual case. (Published by CTI, September 2021)


Sometimes alternative ways can scare clients. They don’t see the purpose and might think it’s a waste of money and time.
 
But what if it is the contrary? And what if the effect of a mediation on a case is much wider than the economy of cost and time?
 
In the mediation process, the mediator does not take a decision for the parties. The mediator is guiding the parties to a suitable solution for them. This main difference on the outcome of a case, has a huge psychological and sustainable impact on each party individually and between them. In fact, there is a feeling of self-satisfaction, pride, and confidence when the parties find solutions coming from their own resources to solve their conflicts. Even if the case is not fully solved, this feeling of self-satisfaction exists when parties make some steps forward in the process of finding solutions.
 
The frustration and the stress a party can feel during a classical legal procedure is therefore gone. Taking a case to the court, leads to a “lost of control” on the case and its final decision. Parties become dependent of a judge and its system, which means long waiting times before decisions are taken and the difficulties to understand legal documents that are in third parties’ hands. Plus, the decision itself that distinguish between a “loser and a winner” could be very frustrated for the parties after all the pain it costed for the nerves.
 
In a mediation process, parties take control of their cases. They can express themselves in their own words. Their feelings, such as their needs and concerns as carefully listened and esteemed. All the requested subjects of the conflict are worked in depth by the parties. Nothing will be left. This also means that some “hidden conflicts” might be discovered and worked. Only when all “dark zones” have been cleared up in a relationship, there is space for a fresh start, clear of problems and conflicts. This has a high positive impact for sustainable relationships between the parties.
 
Now it’s time to try mediation as an alternative and “tailor made” way to solve conflicts. Don’t wait and let yourself or your clients be surprised by the power of it. Our team is here to support you in the process. (Published by CTI, October 2021)

The mediation process is not about focusing on who is right and who is wrong. It goes way beyond this.

The basis and purpose of mediation is to find and bring to light the interests of each party as well as their needs, which are often hidden behind the conflict.

Mediation offers the parties the opportunity and the time to expose their positions, interests, intentions, as well as their values. The mediator, as a neutral individual, listens carefully to each party’s point of view, without judging but with care and attention. In most cases, the conflict itself is just the “tip of the iceberg”. This means that there is often much more “ice under the water” that needs to be first uncovered. In other words, one problem can hide another one and that needs to be first resolved in order to understand the actual conflict and move on to finding a solution. The mediation process allows the parties to talk and work in detail on all subjects with potential for causing conflict. The parties feel listened to and understood by the mediator. The stress levels come down and the tense atmosphere dissipates. The parties are ready to be open and to work together in order to find solutions to their issue. A new fresh start can begin and the opportunity to create sustainable future relations. (Published by CTI, October 2021)

What does Neutrality and Impartiality means in the process of mediation?

The goal of mediation is to ensure that parties reach agreements in a voluntarily and informed manner, and not as a result of coercion or intimidation. The mediator avoids the parties trying to abuse the mediation process by employing unfair techniques.
 
To achieve this goal, the role of the mediator is to exclude any personal opinions and beliefs from the mediation process. The mediator must be equal and neutral with each party. He listens to the concerns of each party equally. He guides the parties to find, through self-determination, possible solutions without favouring the interests of one party over another. (Published by CTI, October 2021)

Preventive Mediation – let’s react before the dispute happens!

In most common situations, mediation is used when there already is an existing conflict. However, mediation can also be employed as a preventative tool, for example within a work team where the time pressure does not always allow employees to express their feelings and needs in relation to their colleagues or business partners, or within a family environment where communication might be sometimes difficult. Early intervention through mediation could avoid a potential unexpected escalation of negative feelings, which could lead to resulting damage for the parties themselves but also for employees and their productivity in the work place. In an existing conflict, parties are already deeply emotionally involved and their positions are ‘settled’, which makes the path to a solution and to peace more difficult.

Using the powerful and cost effective tool of mediation can convert short-term tension into long-term stability.  Mediation can design a flexible, sustainable agreement to prevent any escalation to violent confrontation in the future. Mediation provides a reasonable and intelligent platform to keep both parties at the negotiating table. (Published by CTI, November 2021)

Do you know the iceberg principle?

Communication has many facets. Not only what we say verbally has to be taken into consideration, but also the way we express it, such as tone of voice, gestures, facial expressions, posture and so on. All this non-verbal communication also needs to be interpreted. Sometimes the difference between the ‘seen’ and the ‘unseen’ can lead to misunderstandings and conflicts.

The iceberg principle or iceberg theory is a system thinking tool which suggests that we cannot instantly see or detect most of the existing data in any given situation. As with the iceberg, only the tip is visible while the bulk remains invisible. An iceberg has just 20% of its volume above the waterline, while the remaining 80% remains beneath the surface of the sea. Similarly a conflict between parties often has some visible components but others such as feelings, needs, personal issues, values, perceptions, misunderstandings, hierarchies, work ethics and so on, lie hidden beneath the surface.

The iceberg theory divides the hidden parts of a conflict into four levels. The events, the patterns of behaviour (what is happening?), the supporting structures
And the mental models (why is this happening?).

The mediator helps the parties to uncover the root causes of the conflict. The mediator will carefully look at these deeper levels of abstraction within the system, which are not immediately obvious and bring them to the surface in order to help the parties find a solution to their issue. In order to reach a long term, sustainable and mutually beneficial solution, the parties involved must first discover the ‘real problem’ hidden beneath the waves. (Published by CTI, November 2021)

Have you considered online mediation?

As we all know, the Covid pandemic has introduced a new level of uncertainty into our lives. The constant risk of another lockdown threatens to further disrupt our daily interactions, movements as well as plans for the future. The Covid pandemic has also slowed the wheels of justice by disrupting the daily work carried out by courts and legal institutions, creating a backlog of cases and much stress for people trapped in the system and waiting for resolution. But what if the issue cannot wait to be solved? In some cases, waiting too long to tackle an issue could lead to a severe escalation which makes the problem even more difficult to resolve. Negative feelings such as anger and resentment can become deepened and hardened over time.  Mediation through video conferencing could be the solution to resolve your problems immediately. 
 
Online mediation can not only facility parties who are located at a distance from one another, it is also just as effective as face-to-face mediation. In fact, since our team has been trained on “virtual mediation”, we can only confirm that the transport of feelings, empathy, as well as the communication technics used by the mediators to help the parties to solve their issue, is possible. Besides, recent studies have also shown that mediation through video conferencing is a low stress process that fosters trust and positive emotions.
 
CTI uses video conferencing for situations where issues need to be resolved quickly and effectively within a confidential and trusted framework. There is no reason to wait, let’s meet online and get to work finding solutions. (Published by CTI, November 2021)

Are you in a “toxic workplace”? How can mediation help?

A toxic workplace can, for example, be defined by poor communication between colleagues and superiors, by the formation of cliques, the practice of exclusion and gossipy behaviour, bad leadership, unmotivated coworkers, stifled growth, rapid employee turnover, no work-life balance, burnout and little or no forward movement for employees. Especially in fast-growing startups, strong personalities coupled with the pressure to grow quickly, can often be a recipe for a toxic workplace culture.

Those toxic factors can not only affect employee morale and engagement, but they can also lead to stress, burnout, depression, or damage to one’s self-esteem. Moreover this can also lead to negative consequences for the company. A toxic working environment leads to diminished performances and over time, it may harm the company’s reputation and affect their ability to attract talent.

According to the SHRM about one-third of employees say that their managers don’t encourage a culture of open communication and approximately one-quarter don’t feel respected and valued at work. Mediation can make this change!

Mediation seeks to reestablish open and direct communication between parties. Existing or potential conflicts can be resolved. Rules that define future behaviours and communication can be fixed between all parties. This will restore balance, transparency, motivation and peace and create a positive and engaging workplace culture. (Published by CTI, December 2021)

Use mediation to support your negotiation!

People often ask what is the difference between negotiation and mediation?

Both mediation and negotiation offer alternative ways of finding solutions, other than the traditional formal court hearing. Tribunals are mainly concerned with absolute legal rights and the outcome depends on one person, in this case the judge, whereas mediation and negotiation offer flexibility and creativity. Solutions can be brought to the table and then fixed in a contract which determines the business relationship going forward. In both cases, the outcome of the dispute remains firmly in the hands of both parties, which leads to greater levels of satisfaction and tends to create a better and more sustainable future relationship and partnership.

Negotiation is used everywhere on a daily basis (both privately at home and professionally). Negotiation takes place between two parties ‘on their own’ without the intervention of a third person. Mediation on the other hand, requires a third party, an independent and neutral figure, who facilitates the dispute and helps both sides work through their issues and create a satisfactory resolution.

As a neutral intermediary, the mediator guides and controls the process, using specific techniques to recognise both positions and to explore the fundamental issues within the dispute. The mediator helps both sides to explore possible solutions and come to a mutually satisfactory settlement.

Often parties turn to mediation when previous attempts at negotiation have failed. However in some situations it is best not to wait too long before addressing an issue, especially when relationships are fragile and emotions and stakes are high. In addition, the greater the complexity of the issue, the greater the level of negotiation skills are required to resolve it and come to a mutual agreement. A mediator can support the parties and help them to straighten out the complexities of their case and avoid a potential escalation. (Published by CTI, December 2021)

The mountain, our logo.

This picture of a mountain is not just an impressive image showing the beauty of our natural world, it also holds a symbolic importance for us in relation to the mediation process.

TRANQUILITY

The mountain offers us a feeling of tranquility to think about ourselves and others with calmness and perspective. A tranquility to consider our achievements, but also our issues and to foster a willingness to change and improve in order to ultimately feel better and more balanced.

AUTHENTICITY

Mountains do not lie or shapeshift. They are “true”. The weather can be stormy or sunny, however a mountain will always remain the same, constant. Mountains encourage us to be our true selves, to show our own ‘faces’ and in this way, our inner feelings and needs can be recognised and brought to light.

COURAGE & PERSPECTIVE

Climbing a high mountain takes immense bravery and courage. You might face unexpected obstacles on your route. You will certainly have to challenge yourself and leave your comfort zone. During the ascent, the distance you have climbed will give you an overview of how far you have come and what you have already achieved. This feeling of seeing your world with a new perspective can help you to clarify your situation, your position at home, in society, at work, and once again to recognise your inner feelings and needs.

POWER

These huge pieces of rock are a symbol of nature’s immense strength and power. This power gives you the possibility to recharge your batteries and the courage to finally meet your obstacles and resolve them.

PROTECTION

The mountain’s powerful natural existence gives us a feeling of protection. The mountain’s solid shape represents a “protected space”, which offers the optimal conditions necessary to face our obstacles and issues with tranquility and to act to find solutions.

Finally, let us be your mountain guides. We will help you to ascend, to gain a new perspective, a wider understanding, to face your obstacles and issues and to finally surpass them. What you will find on the summit will be clarity and solutions to help you move forward.

Let us be your guide for your next ascent!

(Published by CTI, February 2021)

Why you should reconsider using in-house mediation to resolve workplace conflicts 

This short article will explain the main reason why it is essential that employees should have access to a mediation service drawn from outside the company.

To resolve conflicts within the workplace, most companies use a panel of in-house mediators sourced from staff within the organisation.  This approach will probably raise the level of general conflict management and communication skills within the organisation, however it will not be as effective as engaging external mediators since several important principles from the mediation process are overlooked. In the worst case scenario, mediation might lose its credibility and employees will stop engaging or recommending this powerful tool in resolving conflict.

Here are the important principles we are talking about:

INDEPENDENCE AND IMPARTIALITY

The goal of mediation is to ensure that parties reach agreements in a voluntarily and informed manner, and not because of coercion or intimidation. The mediator operates in an equal and neutral manner with each party guiding them through the process. The mediator listens to the parties’ concerns, without favoring the interest of one party over another. How can this crucial principle be completely respected when the mediator is a fellow member of staff? The parties may know this person and might have to work with them in the future. However impartial a staff member might claim to be in the process he is clearly not independent.

CONFIDENTIALITY

It takes a lot of courage, first to recognize a problem and second to try to solve it with the help of a third person. In the mediation process the mediator needs the parties to be completely open and honest. Their deepest feelings and needs are put on the table. Therefore it is crucial to create the correct environment. The parties need to feel safe and confident. Nothing can be repeated outside of the room. As confidentiality is one of the most important principles of the mediation process, it might be more difficult to feel safe in front of an in-house mediator where parties are already connected through work.  Some important key thoughts and needs might be held back and this will hinder the solution finding process.

OBJECTIVITY

In a working environment, lots of strong feelings and emotions can be mixed up. Work pressure, long hours, hierarchies and so on are a good foundation to create tension between employees. Several negative feelings, most commonly due to different communication styles and unclear role expectations, can appear such as frustrations, jealousy and anger which might create dysfunctions and conflicts within a team.

Mediation presents the opportunity to put all parties at the same level. This is a very important principle, especially when the problem is directly or indirectly related to the hierarchical position between employees. In fact, a party might feel intimidated by his superior if he does not feel equal in the conversation. The party with the inferior position needs more space than usual to express himself. To give the opportunity to keep this equality in the process, the mediator must stay objective. His role is to listen to each party equally no matter their positions without judging, finding fault or blame. Each party needs to feel supported and valued when he comes to speak. A safe and trusting environment must be provided, so the parties can resolve their issues together, working on their needs, and finding common solutions to move forward.

It is questionable if an in-house mediator, who knows the employees, and might already have their own prejudices, will be able to offer that safe and equal environment. Especially if one of the parties has an important position in the company. The in-house mediator might differentiate between the parties, for example in the way of talking, asking questions, speaking time etc, which is enough to destabilise the party with an inferior position and damage this safe and equal environment. The party might close himself off from the process and this makes finding solutions more difficult because the necessary honesty and openness has been compromised. 

CREDIBILITY AND EFFECTIVENESS

A good mediator must give attention, empathy and understanding to the parties. They must feel safe to be open and honest especially in this sensitive work environment as we mentioned before. To do so the mediator has to be professional, and show credentials and experience. Otherwise, the process might not meet the employees expectations. They might lose confidence in their workplace and the mediation process.

An external mediator is a professional that has experience working with different companies across different industries. He has experience in resolving conflicts in an effective, fast, and realistic way. An in-house mediator might only handle a few cases per year, which will not afford him the necessary experience to be an effective and experienced mediator.

COSTS

The cost of in-house mediation is often underestimated. When the main reason for the companies using in-house mediator is to save money, they might be surprised that engaging external mediators is in fact more cost effective. The costs of mediation trainings and continuing support and development of the mediators and additional costs for the employee who must coordinate all this is often more expensive than anticipated. Especially if there is a high rate of staff turnover in the company, the investment on training mediators might be lost.

Finally, if a company still decides to employ in-house mediation, they should at least combine it with an external panel of mediators.  Using this combined approach, an employee involved with the mediation process, who might not feel comfortable being open and honest in front of a fellow staff member because of one or more of the above-mentioned reasons, might still be able to use this fabulous tool for resolving conflict by drawing on the experience and impartiality of an external mediator. (Published by CTI, February 2021)

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