What if it backfires? The mediation process explained

Conflicts are of all times, especially in corporate life or within the government landscape. In our previous blog, you could read how Stefanie Claeys and Gregory Vermaercke, attorneys and certified mediators at NOMA, guide entrepreneurs and governments in their search for a lasting solution. But what exactly is mediation based on? And how does such a process work in practice?

NOMA brings legal precision and human finesse together in every mediation process. Attorneys and certified mediators Stefanie Claeys and Gregory Vermaercke guide entrepreneurs and governments in complex cases with an open mind. 

In what follows, we take you through the core values of mediation and outline step by step what such a process looks like in practice.

Voluntary, confidential, neutral: the three pillars of mediation

Mediation rests on three foundations: voluntariness, confidentiality and neutrality. Together they form the basis for an open dialogue in a safe and supportive setting.

• Voluntary | No one is forced into mediation. Each party makes a conscious decision to come to the table, and retains the freedom to quit at any time.
• Confidential | Everything said during the mediation remains indoors. This info may not later be used against you in legal proceedings.
• Neutral | The mediator does not take sides. He or she guides the process, monitors the balance and helps both parties to be heard and understood.

A mediation process is not about winning or losing, but about finding a balanced outcome in which both parties can agree. Everyone adds water to the wine and often a surprising amount of wine remains.

- Stefanie Claeys, attorney and accredited mediator

From first conversation to supported agreement: the mediation process explained

A mediation process generally follows four clear steps. Transparent, carefully guided and tailored to the specific context of the case.

1. Intake | The starting point
One of the parties, or both together, contacts NOMA. The mediator opens the introductory conversation, explains the process, clarifies their role and gathers relevant information. He or she does not take a position, but creates a neutral and safe context in which the conversation can begin.

2. Investigation | Understanding the underlying story
In this phase, the conflict and underlying concerns are identified. What are the real concerns? Where is the blockage? The mediator helps parties untangle their positions and clearly articulate the underlying needs.

3. Negotiation | Space for solutions
Next, the parties engage in conversation, carefully guided by the mediator. Structuring the discussion, maintaining balance and providing legal interpretation where necessary: the law provides the framework, but the solution comes from the parties themselves.

Take, for example, the annual indexation of a lease. If it was not applied for years, the indexation increases for the missed years are basically lost. Nevertheless, the parties can still agree in mediation to offset - in whole or in part - that lost indexation, for example in exchange for repair work. This creates a solution that deviates from the legal framework, but does work in practice.

4. Conclusion | Clarity on paper
When an agreement is reached, the mediator carefully puts it on paper. The text is coordinated with the parties and checked for accuracy and completeness. If desired, the agreement can be homologated by the court, giving it the same force as a judgment.