Process or procedure

From WikiMediation

Jump to: navigation, search

It is actually inappropriate to use the term “procedure” about “mediation”. However, the term is often used in the Labour Code of France.

A "procedure" is constraining, and strictly follows a fixed set of steps and has predetermined time-limits. Mediation is not a “procedure”, but a “process”. A process is flexible and adaptable. For example, it is possible to interrupt meetings that have been planned with the parties, in order to give way to private and individual interviews. Taking into consideration the limitations of the people involved, a time-table that has been planned can be modified – for example, postponing of meetings – without sacrificing the positive progress of the mediation. This characteristic of mediation to be flexible identifies it as a “process”.

There are so many preconceived ideas about mediation. Mediation does not necessarily reach an "agreement" in a contractual or legal sense. It can lead though to an "understanding", an "arrangement", or a "definition or redefinition" of relational rules of communication which can end the dispute.

Mediation does not necessarily conclude with “formalization", a document or a convention. Many conflicts started in misunderstandings that have worsen, to the point that parties deem them as inextricable. Without falling in naivety or charity, a verbal commitment based on the full commitment of the parties can enable the resolution of a dispute.

The "bargaining" step is not a must. The mediation process requires precise rules, a contextualization, and even if several steps are necessary, their sequence does not follow a procedural logic and order. It is like a "ritual", orchestrated by the mediator.

Personal tools
WikiMediation Partners
In other languages