Mediator (Mediator)
Information on this skill...
A mediator is a professional who tries to resolve conflicts between parties without the need for legal follow-up steps. The most important condition of a mediator is that this is an independent person, who acts as a third party in a dispute. In order to be able to carry out the mediation in a good way as a mediating party, it is important that the mediator is accepted and taken seriously by both parties. A mediator is therefore an independent person, who will hear the story of all parties involved, with the aim of working towards a solution that all parties can live with. If the parties do not trust each other or simply do not see a solution, a mediator can be sought. Mediation usually involves citizens among themselves or relates to disputes between citizens and the government. Judges also see mediation as a solution in more and more cases because a judge does not have to make a hard ruling in mediation. Mediation is without obligation, but all parties must cooperate in order to reach a solution. Mediation is a field that cannot be compared to mediation work in essence because a mediator will not interfere with the conflict from a substantive point of view. Within mediation, the intention is that the warring parties jointly come to an appropriate solution. A mediator may also specialize in certain forms of mediation. If the parties can no longer reach an agreement between themselves and the conversations are stalled, it is usually advisable to use a mediator. A major advantage of mediation is that the costs of mediation are lower than a possible legal procedure. In mediation, it is important that the mutual relationship is not permanently disrupted. In that case, mediation makes no sense in most cases because people are no longer open to the arguments of the opposing party.
A mediator is therefore a conflict mediator who specializes in mediation. A mediator will always carry out his or her work independently and confidentially. If a mediator has reached a solution, the mediator will draw up a settlement agreement. The settlement agreement describes the outcome of the mediation. If both parties are satisfied, the settlement agreement can also be made official by a notary so that both parties must adhere to it. If agreements made raise legal questions, a mediator can also have the agreements tested by a lawyer. As described earlier, it is important in mediation that warring parties are reasonable and want to listen to each other's arguments. If this is not the case, mediation makes no sense in most cases. It may also be that during a court hearing, a judge tries to persuade the parties to talk to a mediator, to give them a last chance before the judge makes a ruling. This is often the case when we speak of parties, both of which have something to lose. Consider, for example, a divorce in which a hard ruling is unfavorable for both parties on important points. In the Netherlands, the profession of mediator is a liberal profession, which means that everyone can call themselves a mediator.
WHEN DOES MEDIATION MAKE SENSE?
Mediation is especially useful for parties who want to maintain a good relationship after resolving a conflict. Think, for example, of conflicts in which children are involved, or of entrepreneurs who are contractually bound to each other. Mediation can also be useful in enforcement cases to maintain a good relationship with the municipality. Another example is employment relationships. In employment disputes, it can be useful to use a mediator because employment disputes through the courts often result in a permanently disrupted employment relationship. In that case, it is usually both parties that have a lot to lose. As described earlier, mediation is especially useful for parties who do not benefit from harsh legal rulings by a judge.
WHEN DOES MEDIATION MAKE NO SENSE
Mediation is of no use if the parties do not attach importance to a good relationship after the conflict. Think, for example, of consumers who have bought something from a medium-sized business. In these types of cases, it is usually advisable to use a private law lawyer or a legal representative. Even if the other party simply does not want to cooperate or does not want to negotiate, mediation makes no sense. In addition, there may be legal disputes where someone is simply right. Consider, for example, a garage owner who does not want to comply with the legal guarantee. If it concerns a neighborly quarrel, mediation can be useful despite the fact that someone is simply right. In that case, the good relationship plays an important role, making mediation useful. A final example where mediation usually makes no sense is in the case of large power differences. Consider, for example, a doctor who has made a medical error. Hospitals have in-house lawyers, who in most cases do not just give in. In that case, it is usually necessary to engage a personal injury lawyer.
WHAT DOES A MEDIATOR DO:
TRAINING TO BECOME A MEDIATOR
There are many opportunities to follow a training or course to become a mediator. However, it is important to choose the right training, so that you as a mediator can join the mediators federation Netherlands. On the website of the mediators federation Netherlands there are links to recognized training schools for the profession of mediator so that you can register as a recognized mediator in the MfN register after your training. During the basic mediation training you will learn, among other things, how to deal with conflicts, negotiate and position yourself as a mediator. The profession of mediator is a profession at least hbo level. A course or training will usually take nine working days, and is suitable for people who regularly encounter conflicts within their work such as managers, supervisors, advisors and mediators. In addition, there are also plenty of external training institutes where you can follow a course. Accounting is also important as an entrepreneur.
COMPANIES WHERE A MEDIATOR CAN WORK
A mediator can work for different companies, institutions and governments. Think, for example, of manufacturers, housing associations, municipalities and legal advisory firms. It is important that a mediator employed by a company, institution or government is neutral. In addition, there must be no conflict of interest. In these types of cases, it is important to indicate for whom the mediator works and who pays the mediator so that all parties know this. If parties do not accept that a mediator works for an organization involved, it is important to hire an outsider. Relatively speaking, there are many mediators working as entrepreneurs, who can act as independent mediators.
MEDIATOR COMPETENCES
The most important competence of a mediator is independence because you must be able to carry out the work freely without external influence. In addition, it is important that you have self-knowledge so that you know exactly what your own limitations and possibilities are. Because you will have many conversations about conflicts with different parties, you must have good communication skills. Working towards a solution in a result-oriented way is an important part of your work. Generally important words are coaching, empathy, listening, persuasion, inspiring, motivating, analytical, perseverance, planning, organizing, negotiating and conflict management.
LABOUR MARKET PERSPECTIVE AND CAREER OPPORTUNITIES AS A MEDIATOR
The labour market perspective of a mediator cannot simply be indicated because actually, anyone can work as a mediator. However, governments and other organisations only use accredited mediators. In practice, therefore, not everyone can just work as a mediator. In general, the demand for accredited mediators is relatively high. It is not the case that only lawyers or lawyers can work as mediators. Consider, for example, a caretaker who works as a mediator on behalf of a housing foundation. The career opportunities of a mediator cannot simply be indicated because this depends entirely on the employer, the level of education and your own competencies.
TERMS OF EMPLOYMENT AND SALARY MEDIATOR
There are no specific employment conditions for the profession of mediator because we assume that you will work as an independent entrepreneur and will therefore determine your own employment conditions. An employed mediator will often carry out the work as a mediator in addition to his actual job. There are relatively many mediators who originally work as lawyers, for example. A mediator usually works for a fixed fee and not often on an hourly basis. This can, of course, differ per mediator.
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