Turning a conflict into an opportunity
mediation: from escalation to resolution
Conflicts often arise from a clash of views, interests and emotions. And yet conflict is by no means always just negative. Indeed, a conflict means that something is going on; that there are interests that clash. And that is precisely where there is an opportunity. Instead of escalating the conflict into a legal battle, mediation can offer parties the space to tell their story, put their interests on the table and look for a solution together. Not a verdict, but a tailor-made outcome.
Why mediation?
The value of mediation is now firmly established in Dutch law. For instance, seeds more judges refer to mediation processes. Where the judge makes a decision within the framework of the law, a mediator can colour outside the lines with parties, provided there is mutual respect and parties are willing to find solutions.
Mediation , indeed does not force parties into legal boxes, but invites them to look beyond their own point of view. What is the real interest? Why did this conflict arise? What is needed to move forward? An employee who is not out for revenge but needs recognition, or two neighbours who would rather greet each other normally than ignore each other. In all these situations, a legal judgement can provide a solution, but not peace, whereas mediation can provide that.
Taking off the legal glasses
As a lawyer, you are used to sharply analysing cases and asking questions like ‘what exactly happened?’ and ‘where is the room in the law?’ As a mediator, on the other hand, you look through different glasses. Yet putting on these glasses can sometimes make you see more sharply where the core of the conflict lies. The power of mediation lies in that combination: acknowledging the legal reality, but putting the human conflict behind it at the centre. Therefore, the real opportunity is not in brushing away the conflict, but in turning it around.
From conflict to opportunity
Mediation thus requires a different kind of conversation. Those willing to look at things differently will see that conflicts can be a starting point. A good chance to break old patterns, restore relationships or find a clear, respectful closure. Not every conflict has to end up in court, and perhaps that is just as well.
Want to know if your conflict is suitable for mediation? Do not hesitate to contact us..
