The levels of mediation

Declaration of purpose

The goal to be achieved is clarified with the mediator. The opposing parties themselves determine the goal or goals. Thus, the opposing parties retain authority over the content and over the process itself. This self-determination represents an important element and principle of mediation. Thus, the first step is a broad clarification of the common goal.

Topics of discussion

The subjects to be discussed will be discussed together and agreed. This will establish what exactly concerns the opposing parties, i.e. what specific matters they should work on.

Examples:

• finances (support, property settlement)
• division of property
• visitation rights etc.

Interests

Here is where conflicts are the actually dealt with.

Every subject will be addressed one after the other with regard to the desires, needs and goals of the parties to the mediation. Each opposing party will be asked to state what he desires for the future relative to a particular subject. The focus of the system thus lies on

• defining one’s own interests and
• a positive formulation of one’s desire for the future

Solution options

Solution possibilities are developed. The advantages and disadvantages of various solutions will be worked out together. These solution possibilities will be negotiated and finally

the best solution of the opposing parties will be chosen.

The principle of self-determination is the key to the system.

Closing agreement

The result will be reduced to writing by the conflicting parties in a negotiated agreement that for particular subjects may be notarized or made a part of the court record (e.g. if this is prescribed by law).

Thus binding rules and a new framework for the future will be created.