Mediation
Mediation solves disputes.
Aside from the sports based guidance of athletes, as indicated on the other
pages, you can also contact me when there is need for mediation. I am
recognized by the NMI (Netherlands Mediation Institute), and am registered
there.
Being one of the few mediators in The Netherlands I know the sports world
with business interests and emotions of an athlete. These combined factors
allow me to have jargon and also often knowledge of the topic discussed.
How does mediation work?
Who has a dispute wants to alleviate themselves from it as soon as possible.
Normal working conditions between two parties are far better than to have
judicial steps taken. Those steps usually require a judge to make a
decision, which takes time and costs a lot of energy and money. Besides, a
judgment does not always provide a solution. That is why, often, people
choose to use another way to settle the conflict: by mediation.
Mediation: the solution
Mediation is the combined word for solving a dispute by negotiations. Also
in the sports world disputes arise. Emotions can sometimes develop rather
severely, when business and athletic interests could conflict with each
other. Almost every dispute can be solved with a solution that is acceptable
for both parties. However, in a dispute both parties often do not see this
solution. The help of a mediator can then be very useful. The mediator does
not have anything at stake, and does not take a side, but assists in finding
a solution. Often the solution is a compromise that satisfies all parties.
That is why amicable settlements occur more often, both in business and
personal cases. A great advantage is that the relationship between the two
concerning parties is not irreversibly damaged.
The procedure.
In mediation two major set points are required: willingness and trust.
The involved parties cannot be forced to participate in the mediation
process. The participants agree to secrecy prior to the start of the
process. These principles are set in the NMI mediation regulations.
At the beginning all parties concerned sign a mediation agreement with the
mediator: an agreement to try and solve the dispute by mediation.
Then the informal, flexible mediation process can begin. All parties set
themselves up actively and the mediator stimulates the discussion. He guides
them to find a resolution. The solution is not a verdict set by the
mediator, but the parties decide to find an agreement together. This creates
the win-win situation that allows everyone to be happy.
The solution is then set as an agreement and this concludes the mediation.
The Mediator
Independent and impartial: Those are the two basic features of the mediator.
He is trained in leading and guiding mediation processes. The Netherlands
Mediation Institute (NMI) retains a registry of mediators. In this registry,
only qualified mediators are taken into account; those who have had an NMI
acknowledged training or education. Mediators work according to the code of
conduct of the NMI. Registration and conduct rules are focused on good
mediation technique and quality. So far a few hundred mediators are
registered with the NMI.
The concerned parties can also pick out a mediator themselves; they can also
request a list of registered mediators from the NMI. A selection can then be
made, for instance by area of expertise, region or specialty.
Advantages.
Mediation has great advantages over other forms of dispute settlement
Most important are:
- Speed
- Cost control
- Informal procedures
- Competent guidance
- Active role of both parties concerned
- Room for creative solutions
- No unnecessary damage to the relationship of the parties involved
- Find a solution together = win-win result
Conditions
Mediation is only useful when the following conditions are met:
- All parties concerned must be willing to find a solution
- Participants must be authorized to make a solution agreement.
Costs
The costs of a mediation procedure are:
- The compensation of the mediator and possible assistants;
- Costs made by the mediators.
The compensation is not dependent on reaching a proper solution. Commonly
costs of the process are divided evenly between the parties involved. Costs
made by one of the parties will have to be covered by those who made the
costs. The parties can also decide to spread the costs differently.