Mediation as a tool for solving conflicts
Conflicts have always existed, do exist, and will continue to exist. Usually, they result from at least two people having different approaches to the same issue. We differ in our views, personalities, habits, and experiences, and we come from different backgrounds and cultures. Differences between people are not a bad thing. Often, the problem is a lack of conflict solving skills. Having these skills is really important for building positive relationships. But not everyone has them. In that case, it’s good to know who can help us. One such person is a mediator, and one way to resolve conflicts is through mediation.
According to the definition in the PWN Polish Language Dictionary, mediation means acting as an intermediary in a dispute with the aim of helping the parties reach an agreement1. In practice, this means that to solve our conflict, we invite an independent third person (a mediator) who will listen to our side of the story as well as the other side’s. The mediator will ensure that both sides hear each other and, above all, hear about each other’s needs and expectations. Furthermore, the mediator helps to calm the negative emotions that arise during conflicts and which usually make it difficult to reach an agreement. The mediator listens and asks questions so that both sides can come to a consensus that is satisfactory to
both of them. The mediator does not solve the problem, make decisions for anyone, pass judgment, or force their own solution. His role is to support the sides in finding a solution to the conflict and reaching an agreement. He does not aim for a win-lose situation, but rather a win-win one. The duration of mediation can vary greatly, as can the number of sessions. This is determined, among other things, by the nature of the case and its level of difficulty, as well as the level of commitment from the sides.
Ending mediation with a settlement requires a willingness to understand the other
side and their needs. However, if even one side stubbornly insists only on its own benefits and its own position, the mediation may end without a settlement. In practice, this could mean taking the dispute to court or escalating the conflict.
Rules of mediation2
Voluntary nature —the sides must give their consent before entering into mediation. They may drop out of the process at any time.
Impartiality – the mediator treats both sides equally. They may not favor anyone or take sides. Confidentiality – all documents and agreements reached during mediation remain strictly confidential to those who participate in the mediation.
Neutrality – the mediator does not force their own solution but, while maintaining
professionalism and ethical standards, helps the sides to work out a solution.
Acceptability – The person conducting the mediation (the mediator) as well as the final terms of the settlement should be accepted by the sides.
You can find mediators on the websites of district courts, mediation centers, or on the personal websites of mediators who promote their services in this way3. Some universities, schools, companies, and government offices employ certified mediators. These mediators help solve conflicts within schools or among employees. It’s a good idea to find out if your organization has such a person who can provide valuable support.
Katarzyna Gromadka
Doradca zawodowy/Career advisor
Sources:
1. https://sjp.pwn.pl/slowniki/mediacja.html
2. https://mediator.org.pl/baza-wiedzy/zasady-mediacji
3. https://www.gov.pl/web/sprawiedliwosc/mediacje
