Information about Mediation
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Information about Mediation by lawyer and mediator Jes Anker Mikkelsen & lawyer and mediator Pia Deleuran. Grand Hótel Reykjavík 30 August 2006. Definition.

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Information about Mediationby lawyer and mediator Jes Anker Mikkelsen & lawyer and mediator Pia Deleuran

Grand Hótel Reykjavík

30 August 2006


Definition
Definition

  • A voluntary and confidential method to resolve conflicts where, through a structured process, one or more impartial third parties help the parties to negotiate for the purpose of finding a solution which is satisfactory to both parties. The third party makes no decisions in the case.

    (Vibeke Vindelev, professor and LLD)


Two different styles of conflict resolution
Two Different Stylesof Conflict Resolution

  • The competitive model (negotiation)

  • The collaborative model (mediation)


Traditionel mediation in denmark
Traditionel Mediation in Denmark

The Danish Administration of Justice Act (Retsplejeloven):

  • § 268. I alle borgerlige domssager i første instans mægler retten forlig.

  • Stk. 2. Forligsmægling kan dog undlades, såfremt det på grund af sagens beskaffenhed, parternes forhold eller lignende omstændigheder på forhånd må antages, at mægling vil være forgæves.

  • Stk. 3. Mægling kan også foretages, når sagen er indbragt for højere instans.

  • Stk. 4. Undladelse af mægling kan ikke medføre hjemvisning af sagen.



Dynamic in mediation
Dynamic in Mediation

Interests Needs


Mediation as a method to resolve conflicts
Mediation as a Method to Resolve Conflicts

  • Voluntary participation

  • The parties' autonomy

  • Guided communication

  • Focus on interests and needs instead of demands and legal claims

  • Focus on consensus instead of compromise


A scandinavian non model by vibeke vindel v professor and lld
A Scandinavian Non-Modelby Vibeke Vindeløv, professor and LLD

  • A. Before the meeting

  • B. The meeting itself

  • C. After the meeting


The meeting itself
The meeting itself

  • Opening: Welcoming, presentation of the mediation process and clarification of roles.

  • Parties’ submissions and dialogue: Each party gives his side of the story. This leads to discovering the positions of the parties, facts, feelings, interests and needs.

  • Definition of problem area: The topics that require further work are identified. Priorities may be set.

  • Generation of possible solutions: As many proposals for a solution are generated as possible – without a view being taken on them.

  • Negotiation of an agreement: The parties negotiate on the basis of the possible solutions.

  • The agreement is checked and approved: The agreement is signed. Loose ends are tied up.


Conflict ladder
Conflict Ladder

  • Step 7. Polarisation

  • Step 6. Open hostility

  • Step 5. Pictures of the ”enemy” are

    created

  • Step 4. Conversation is given up

  • Step 3. The problem escalates

  • Step 2. Personification

  • Step 1. Disagreement


Mediator tools
Mediator Tools

Techniques to get the parties to communicate

  • Open questions

  • Curiosity


Mediation court pilot scheme
Mediation Court Pilot Scheme

  • Project period:

    1 March 2003 – ongoing

  • Participating courts: 4 city courts & 1 court of appeal

  • Participating court mediators: 3 judges and 3 lawyers from each court.


Evaluation from the ministry of justice
Evaluation fromthe Ministry of Justice


Us postal
”US Postal”

”Employment Dispute Management”

  • Started in 1997

  • Transformative mediation

  • 75% of all cases resolved

  • 90% satisfied with the process

  • 95% satisfied with the mediator


Relevant questions
Relevant Questions

Is mediation:

  • Faster?

  • Less expensive?

  • Better?

  • Relevant in all cases?


Further information
Further Information

www.mediatoradvokater.dk

Mediation lawyer and chairman

Jes Anker Mikkelsen

[email protected]

Mediation lawyer and court-mediator

Pia Deleuran

[email protected]


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