Meditation

Disputes are part of everyday business life. Mostly these disputes concern minor disagreements that can be resolved through bilateral negotiations. Some disputes, however, are not resolved so easily. Sometimes, on the face of it, both parties’ positions seem irreconcilable. Such conflicts can easily become major problems to the companies concerned. They can hinder further progress in a project or even bring a project to a total standstill. Those responsible then have to decide what action to take: Going to court makes it very difficult to preserve a working relationship. Of course, one can just terminate the cooperation, abandon possible claims and hope for better luck next time. But maybe there is an alternative... This paper presents the pattern Conflict Resolution through Mediation as one possible approach to conflict resolution. It also presents a collection of associated patterns that deal with smaller aspects that arise when using or thinking about using the pattern Conflict Resolution through Mediation to resolve business conflicts. Many of these associated patterns address liabilities that arise when using the pattern Conflict Resolution through Mediation As the author comes from a German background it is addressed especially to German companies and freelancers. Conflict Resolution through Mediation “How many mediators do you need to get a light-bulb screwed in?” Mediator: “So what I hear you saying is that you would like the room to be brighter.” Context You are one of the parties in a business relationship in Germany and are working on a common project together with the other party (or parties). You are in the middle of a conflict over some issue. Bilateral negotiations have failed.