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WHICH DISPUTES ARE FIT TO BE SETTLED THROUGH MEDIATION

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Mediation – resolving disputes

We are very different individuals, yet we have one thing in common – being reluctant to admit we have problems. In foreign countries it already forms part of the general culture when people, being unable to cope with a conflict, turn to specialists for help. The traditional Czech and Moravian pride, however, works as a complete hidrance to progress here. Our people regard a conflict as a sign of weakness of some sort.

The most frequent conflicts – and not only in the Czech environment – are obviously family ones and those following from the relations in the workplace. Regardless of which environment they come from and what their essence is like, nevertheless, we can identify certain general types of disputes that are fit for mediation. They have the following main features:

• The parties are directly, personally dependent on the conflict´s resolution. Each party has contrubuted with their share to an emergence of the conflict, with neither of them being aware of it or reluctant to admit it. Naturally, it can be that the conflict was initiated solely by one of the parties. In such an instance, it is then the matter of showing good will by the other party to participate in the mediation as well and do something for their partner.
• Each party to the conflict has at least some feeling of responsibility for its emergence. If not, the parties refuse any cooperation whatsoever.
• The dispute and its possible solutions give the mediator space to look for agreements acceptable for both the disputing parties. It means there are more solutions than one which may not be well-balanced regarding interests of both the parties.
• A minimum communication between the disputing parties makes the one necessary condition for successful mediation. With no information exchange the parties cannot get a new view of the problem.
• On the contrary, if the parties´ approach resolving the problem with an idea that the dispute will end in declaration of the victor, then the mediation process has practically a minimum chance to succeed in striking any kind of a deal. A capable mediator sometimes manages to reverse even this attitude in the course of the mediation, though.

Related articles

• Mediation
• How a mediator works
• „Being at a loss how to resolve an issue? Mediation can do it for you.“:
• Making the impossible happen – mediation
• Agreement possible? Yes – in two cases out of three!

Compiled by Miroslav Hájek, PhD, a consultant

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