Frequently Asked Questions

1. Foundations of Mediation

1.1 What is mediation?

  • What is mediation?
    • Mediation is a process in which a neutral third party, the mediator, helps to resolve a conflict. The parties maintain control over the outcome, while the mediator guides the conversation and helps find a solution.

1.2 Suitability and confidentiality

  • What conflicts is mediation suitable for?
    • Mediation can be used for labor disputes, divorces, business disputes and family conflicts. It is effective when both parties want to work together.
  • Is mediation confidential?
    • Yes, everything discussed remains confidential and should not be shared outside the mediation.

2. The Mediation Process

2.1 Phases and progression

  • How does a mediation process work?
    • The process consists of intake, inventory, negotiation and conclusion, led by the mediator.
  • How long does a mediation take?
    • Usually two to five sessions, depending on the complexity.

2.2 Location and participation

  • Does the mediation take place in the office?
    • Mediation can take place in the office, at a neutral location or online, depending on the preferences of both parties.
  • Can the mediation take place online?
    • Yes, mediation can also be organized online.

2.3 Support and partners

  • Can I bring my partner with me during mediation?
    • Yes, provided both parties agree. This can be supportive.
  • Can I bring a lawyer to the mediation?
    • Yes, this is possible, provided both parties agree.

3. Systemic Work and Labor Mediation

3.1 Work-related mediation

  • Are conflicts at work resolvable with mediation?
    • Yes, mediation is appropriate for work-related conflicts and can resolve communication problems and restore the working relationship.
  • What is exit mediation?
    • Exit mediation helps deal respectfully and efficiently with an employment relationship that is ending.

3.2 Equality and balance

  • Isn't the employer always at an advantage?
    • No, both parties have equal say in decision making.

4. Results and legal aspects

4.1 Agreements and compliance

  • How do parties ensure that agreements are kept?
    • Agreements are recorded in a settlement agreement.

4.2 What if mediation fails?

  • What if the mediation fails?
    • Conversations remain confidential. Understanding the pain points may be helpful for follow-up steps.

4.3 Costs and practical considerations

  • What does mediation cost?
    • Unless there is reimbursement from an absence insurer or health and safety service, the costs of mediation will be borne by the employer. The parties each bear the costs on their own side. The costs are usually lower than legal proceedings.
  • Can mediation affect my negotiating position?
    • No, confidentiality guarantees that nothing from the mediation can be used against you.

5. Special cases

5.1 When is mediation not appropriate?

  • When is mediation not a good option?
    • Mediation is less effective if there is no willingness to cooperate or if power imbalances cannot be bridged.