Crash course mediation(skills) for companies

Business conflicts are inevitable and nothing new. However, they are becoming more commonplace in the wake of developments in society, as an increasingly diverse group of stakeholders exerts pressure in the boardroom and society is growing more juridified. Mediation and mediation skills are valuable but still underused for tackling such disputes at an early stage while keeping the business relationship intact.

During this interactive session, Marry de Gaay Fortman, Richard Witvliet and Isabella Wijnberg discussed three topics:

WHAT ARE THE RIGHT TECHNIQUES

Conflicts have several stages of escalation, which Prof. Friedrich Glasl illustrated in his 'escalation ladder'. It is important to realise where a conflict is on the escalation ladder, as this affects the degree to which people are still capable of acting reasonably and finding a solution together. Mediation techniques can prevent a conflict from escalating unnecessarily – even if you disagree with the solution to the dispute. 

TO WHAT EXTENT MEDIATION SHOULD BE COMPANY POLICY

Mediation can roughly be embedded in three ways: in company policy, in guidelines and in a contractual mediation clause. But will this bring any added value? And to what extent will a company mediation clause be enforceable?

PROCEDURAL STRATEGY

How can you determine whether a case is suitable for mediation and what preparations should you make? Identifying the interests and options of all parties involved will allow you to initially estimate what resolution and negotiation strategy would be best to pursue and which stakeholders should be involved. 

Please contact Giovana van den Bighelaar for more information.

Language: Dutch.