Mediation

What it is and what it can do for you

Mediation at its bestMediation is an alternative way to dispute resolution, called ADR. It takes less time and costs far less than a trial. Mediation allows to resolve a conflict in a less violent and more harmonious way. The process involves a neutral third person who helps the parties in conflict find themselves a negotiated solution in optimal accordance with their respective interests, needs and values.

Brigitte Kehrer is a professional mediator who has been certified by several law schools and universities and sworn in by the State of Geneva.

As such she conducts mediation in a voluntary, confidential and impartial way, following a standardized procedure. If the mediation is successful, it ends with a binding agreement.  This signed agreement by the parties involved with the consultancy of their lawyers or experts if needed, gives it the authority called “res judicata”, that is to say an authority similar to that of a judgment. Around 80% of the mediations end with an agreement. If not, the parties are often very satisfied to have had at least a chance to start a dialogue and to better understand the position of the other.

WHAT MAKES MEDIATION SO USEFUL

What makes mediation so useful is that it can take place before, during or after a trial and is limited in time: usually one to two days, split in half days over one week or two.

The mediator does not force a solution: he accompanies the parties in finding one. The key to a successful mediation lies in the mediator’s trained skills and techniques in:

  • Communication
  • Psychology
  • Juridical knowledge
  • Listening
  • Creating trust.

The mediator gives voice to both parties in an impartial manner and guarantees a safe environment for both parties to express their needs and feelings without being disturbed. Brigitte Kehrer offers thus the exploration of sustainable options and possibilities to resolve the dispute that ensure the good continuation of the relationships of the clients

Whether in personal disputes or at your workplace: take a mediator if you want to give your life a better climate!

A TYPICAL MEDIATION SESSION

StartMediation guarantees mediation in optimal conditions,  taking place in a safe and neutral environment. The parties attend the mediation based on their own voluntary decision.  Brigitte Kehrer will take care of convincing the other party to the conflict to participate. You do not have to do it yourself! A mediation takes  two or three half days following a standardized procedure:

  1. Preparatory phase – recognizing the existence of a conflict.
  2. Opening phase – Conflict boundaries and general issues.
  3. Exploratory phase – understanding and clarifying the needs of both parties. Building a relationship of trust during joint or separate sessions).
  4. Negotiation phase – define the problems and outline solutions.
  5. Conclusion – reaching a satisfactory agreement to both parties with realistic and implementable solutions.

These steps are not always or necessarily in this sequence.  At times it may also be necessary to step back to previous phases to tackle problematic aspects.

MEDIATION OUTCOME

Mediation is a more sustainable and effective process to guarantee the continuity of business or interpersonal relationships. And it is much faster than lengthy court proceedings – not to mention the vast difference in costs. Furthermore, since the solutions, with the help of the mediator,  have been found by the parties themselves, they are usually more satisfactory and preferable over a judgment or arbitration. The mediator never forces a solution and indeed, is not a judge who imposes his judgment on the parties.