Integrated mediation

Mediation is a process of conflict resolution. A neutral third party without decision-making authority supports the parties in finding a solution to their problem themselves (see Section 1 of the Mediation Act ). Mediation knows different models, forms, types (specialist mediations) and styles. Integrated mediation was originally viewed as a form of court mediation . Today, integrated mediation enriches the mediation landscape with a versatile and comprehensive concept. Their merit is a systematic and stringently methodical view of mediation. The integrated mediation itself appears in different forms. It is a mediation model , a meta-process and a form of mediation . As far as the Association of Integrated Mediation is addressed, it is ultimately still an organization for mediation .

Basics

Mediation is sometimes referred to as a method (as stated in the Ministry's explanation of the Legal Services Act ). Since the Mediation Act came into force, however, it has been clearly and legally defined as a procedure. The judge, for example, is not subject to the Mediation Act. Nevertheless, he uses mediation as a method according to the ideas of the legislature (see Section 278 (5) ZPO). With the attempt to make mediation recognizable as an alternative to court proceedings and to make it accessible as a service of demand, principles have emerged which determine the nature of mediation. Some of them have been laid down in the Mediation Act, but also in the standards of some mediation associations (e.g. IM standards). Despite this standardization, the picture on mediation is very different. Integrated mediation tries to methodically incorporate this diversity.

Integrated mediation is nothing more than mediation. Special features result from their derivation. Integrated mediation considers mediation not only in its mechanics, but also systemically and as a process in psychological understanding.

Manifestations

The insight that and how mediation represents a process of knowledge that the parties in the dispute have to go through in order to find a consensus, allows the description of various forms of mediation, which are summarized under the term integrated mediation.

Mediation model

The mediation models differentiate between evaluative mediation, facilitative mediation and transformative mediation as the essential basic forms of mediation (see in more detail: The mediation models). They describe fundamental differences in the mediator's approach. In evaluative mediation the positions are in the foreground, in facilitative mediation the interests, in transformative mediation it is the needs. Depending on the focus, the processing depth and the processing orientation of the mediator and thus also the interventions selected by him change. Because conflict work has to adapt to the conflict situation and possibly changing framework conditions in the course of the procedure, so-called eclectic mediation (mixed mediation) is described. It comes close to integrated mediation, which is therefore to be understood as a further mediation model.

In the understanding of integrated mediation, mediation is not only a structured, but also a structuring process. Structuredness and structuring control the cognitive process of the parties. Mediation creates a flow that enables this thought process. The principles of mediation describe the conditions under which the cognitive process becomes possible. With a look at the cognitive processes within mediation, the scope of action of the mediator expands, as does the scope of mediation. The model of integrated mediation describes a full-fledged mediation. It is subject to the Mediation Act and is based on the standards tailored to the associations. By directing the focus on mediating, i.e. on taking action, it goes further than eclectic mediation. In contrast to this procedure, which is more related to the mechanics of mediation, the systemic view of integrated mediation also allows the inclusion of the resources to be found outside the process, insofar as they are compatible with the mediation.

Meta-process

The knowledge process described in mediation is reflected in the phases of mediation . The structure described in this way - can be described as five phases “working alliance, gathering of topics, raising interests, options, agreement” - is comprehensive when it comes to describing a path leading to consensus in a dispute. This does not mean that other methods do not have these cognitive steps. Elements of mediation can be found in moderation, arbitration and even in court proceedings. If you compare the structures with each other, the missing elements can be precisely defined. Phase 3, for example, is missing in the moderation. Phase 1, parts of phase 2, phase 3 and parts of phase 4 are missing in court proceedings if settlement negotiations are being held there. The same applies to the principles. With a difference analysis developed by integrated mediation, all processes can be measured against mediation. Mediation is now becoming an overarching negotiation concept. It forms the benchmark when it comes to comparing the negotiations leading to consensus with one another. Then missing parts can be added by catching up on the cognitive steps or by combining processes. Seen in this way, mediation may be viewed as the meta-process in which the other processes merge (are to be integrated). Incidentally, this consideration justifies the term "integrated mediation". Integration means creating the whole. If mediation is viewed as a whole, then it is established by bringing other processes into this concept.

Form of mediation

Originally, integrated mediation emerged as a process of court-related mediation by introducing mediative aspects into a judicial cognitive process. The court-integrated mediation goes further than the so-called court-oriented mediation. The basis was the knowledge that the inclusion of so-called "mediative elements" in another procedure improves the negotiating climate. However, it is not enough if the goal of the negotiations is to be consensus. Integrated mediation focuses mediation as an option more than the procedure as the container in which the action is to be held. "Fit the form to the fuss" is the motto of the integrated mediation. Practice usually goes the opposite way, in that it raises the procedure, not the action, to the standard ("Fit the fuss to the form"). Certainly, the possibility of mediating in a mediation-untypical setting, such as in judicial proceedings, has its limits. It is also certain that court-integrated mediation, like the judge proceedings, is not subject to the Mediation Act. As a decision maker, the judge has a role that is not appropriate for mediation. Integrated mediation shows these limits and describes methods of how the communication model resulting from mediation can still be established. It also deals with issues such as how to deal with the problem of openness and confidentiality. Because it is not the aim of integrated mediation to tie the case to a procedure, integrated mediation can fall back on strategies that go beyond the procedure. It therefore describes how the judge, through mediation and a migration strategy, which is also described with integrated mediation, transforms into cooperative negotiation, which can either bring about a consensual solution itself or at the latest helps to establish the willingness of the parties to conduct external mediation .

definition

Integrated mediation describes mediation by emphasizing mediation as the realization of a cognitive process described with mediation. It is realized in a comprehensive mediation model. Mediation is conceptually understood as a meta-process from which advice-integrated or court-integrated mediation can be derived as a form of mediation.

scope of application

Integrated mediation describes mediation as a competence and its application conditions. She places less emphasis on formalities than on the functionality of the elements involved in mediation. This means that it can be used across procedures and in a process-connecting manner even if formal criteria are not met. Originally, integrated mediation was used in court proceedings (court-integrated mediation). Then in the company environment (company-integrated mediation). The idea of ​​integrated mediation can be applied today to all situations in which there is a dispute. In short: Integrated mediation allows mediation even in a hostile environment, i.e. where the parties confront and mediation is not considered possible.

history

The idea of ​​integrated mediation can be traced back more than 18 years. Their beginnings can be found in family court proceedings, in which Arthur Trossen, Eberhard Kempf and Ralf Käppele introduced concepts on how to best cope with such conflicts. The considerations were fruitful in the so-called Altenkirchen model. The assertion that there will be mediation in the criminal court proceedings met with incomprehension, rejection and resistance everywhere. The term mediation should not be used for the new negotiation format. Nevertheless, it needed a name because the method now practiced had its own characteristics. With the introduction of the term "integrated mediation" it became possible to discuss the phenomena. The organization in the club format should become the basis for further research and projects. The best known and largest project was "Integrated mediation at family courts in the district of the OLG Koblenz". It was evaluated by Neuert and has proven that integrated mediation is not only possible, but also efficient. In the following period, the integrated mediation was able to develop further through further research and projects. Since 2005, the Austrian arm of the association has been researching and developing with Amin Talab, particularly in the field of business mediation and testing the limits of different conflict resolution models as part of a process called integrated mediation. The international presence expressed itself recently z. B. also in the EU project "EuroNetMed".

Integrated mediation has recognized its potential and has long since broken away from its forensic origin due to developments at European level. Similar interface problems can be identified in all other areas of life. With its research, integrated mediation has been able to demonstrate a stringent methodology that can be drawn around all forms of mediation like a bracket and can even explain international and cultural deviations in mediation.

Integrated mediation training includes a full mediation course and goes beyond that. It quickly became apparent that mediation, especially in atypical process and borderline situations, expects more rather than less competence in mediation. In the course of time, further course content has therefore been added. The qualification of the integrated media is attested by star certificates. The mediator * corresponds to a 120-hour training course. The mediator ** corresponds to more than 200 hours of training, whereby additional IM knowledge must be proven. The mediator *** is a practicing mediator who is experienced in training and application.

The association integrated mediation

Integrated mediation is an association and a network that has now also established itself in other countries or to which other associations have joined in order to ensure cross-border, European development. The founders and proponents of the independent national associations are in constant exchange or teach and research together in mediation training courses and conferences.

Germany

Integrated Mediation eV is a registered, non-profit association. It was founded in 2001 by Arthur Trossen, Eberhard Kempf and Ralf Käppele, among others. The seat of the association is in Altenkirchen (Westerwald). The aim of the association is to promote the use and dissemination of mediation. The integrated Mediation eV performs the tasks of a professional association, which strives for the accreditation of qualified training institutes, the certification of mediators and the supply of the professionally working members. Furthermore, the association endeavors to spread mediation.

Austria

The second largest European association that joined the network and Arthur Trossen was founded in 2005 in Vienna by Dr. Amin Talab initiated. The "Viennese School" deals in particular with the application of integrated mediation and its methods in the field of business life. B. med-arb, arb-med or collaborative law . In Europe, the association integrated mediation Austria is already the second largest association.

Europe

In addition to the associations in Germany and Austria, there are: Integrētā mediācija Latvijā and Integrated Mediation Switzerland.

Web links

• Website in-mediation

Footnotes

1. ↑ See Trossen "integrated mediation" in Haft / Schlieffen, Handbook Mediation, 2nd edition, Beck Verlag, page 987 ff.
2. ↑ In-Mediation , Presentation of Integrated Mediation
3. ↑ Mediation models , About the inconsistently used term and the mediation models to be differentiated
4. ↑ hawsers, mediation or DIE NO !, Alternative ZRP Zeitschrift für rights policy, Beck Verlag, Issue 1/2012
5. ^ [1] , Mediation as a cognitive process
6. ↑ The best mediator , The provision of the mediation model is seen as a competence characteristic of the mediator
7. ↑ Precise listening , precise listening, a technique for dealing with complexity
8. ↑ Integrated mediation , video lecture on integrated mediation
9. ↑ Standards of the IM , standards of the Association of Integrated Mediation
10. ↑ Mediation from behind , On the importance of the phases and principles in mediation
11. ↑ See Trossen, ways to cooperation - the modern settlement negotiation in the contentious civil proceedings, 2nd edition 2011, series Mediation, Win - Management GmbH, ISBN 978-3-9813854-1-0
12. ↑ Altenkirchen model , method of mediation within a judicial process
13. ^ Justice project , Integrated mediation via the justice project in the district of the OLG Koblenz
14. ^ Evaluation of the justice project , Neuert - Evaluation of the justice project in Koblenz