When we find ourselves facing a conflict, whatever its nature, there are several ways to deal with the problem. The attitude and disposition taken towards it are essential so that reaching an agreement satisfactory to both parties is possible or not. In this sense, mediation plays an essential role in addressing conflicts from a a more peaceful and fluid perspective, away from intransigent confrontations that make it impossible to advance in negotiation and dialogue. Under this premise, the process of civil and commercial mediation.
«It is the duty of the parties to be open to dialogue, engage in active listening and put empathy into practice.«
It should be noted that, depending on the cause that causes the conflict, the mediator can use certain techniques and promote certain behavioral patterns to influence those specific aspects that cloud the relationship between the parties, with a view to helping to improve it.
In fact, in this direction the Code of Good Practices in Mediation of the Spanish Arbitration Club (CEA), establishing recommendations and ethical principles for an adequate mediation exercise.
So, if, for example, the conflict is the result of poor communication and language “accidents,” the focus of intervention should be to tell the truth, provide information and think logically and clearly to put an end to misunderstandings. Or, if the conflict has occurred in a predictable and natural way, what the mediator should do is offer greater knowledge of the mediation process, to educate the parties and help them better handle the inevitable.
Or for example, if the emotions of the litigating parties lead them to focus on the past and on negative aspects, mediation would try to transform the situation by trying to get the parties to focus on the present and be more positive through a reduction of emotional intensity, improving communication and facilitating the change in the way of understanding the other person's vision.
We would find ourselves before Two phases:
A first stage of "unlocking the problem", in which the objective is to introduce the possibility of change by discarding all those previous failed solution attempts to redefine a new path.
A second phase of «consolidation of new relational rules», in which the parties show a more flexible and open attitude towards the conflict and allow progressive changes until the agreed objective is achieved.
It is important to acquire new behavioral patterns based on recognizing and accepting feelings and emotions, in order to allow the new relationship between the parties to start from scratch and be built from what is observed and communicated.
Therefore, it is evident that mediation inevitably draws on psychology, taking into account that the opposing parties do not have to share the same point of view about the problem facing them.
It is the mediator's job to guide the process and help communication flow in both directions., but it is also the duty of the parties to be open to dialogue, engage in active listening and put empathy into practice. This being the case, the conflict will be faced in a more positive way, reestablishing communication and restoring damaged relationships so that the agreement lasts over time.
If you need more information about ways to approach a conflict, or about our mediation courses, do not hesitate to contact us. Our professionals and advisors will help you in every way possible.
