{"id":15495,"date":"2025-03-20T22:16:39","date_gmt":"2025-03-20T21:16:39","guid":{"rendered":"https:\/\/dev.inkovema.de\/?p=15495"},"modified":"2025-04-06T18:28:44","modified_gmt":"2025-04-06T16:28:44","slug":"the-evaluative-style-of-mediation-3-4-the-mediative-value-of-evaluative-mediation-activities","status":"publish","type":"post","link":"https:\/\/dev.inkovema.de\/en\/blog\/the-evaluative-style-of-mediation-3-4-the-mediative-value-of-evaluative-mediation-activities\/","title":{"rendered":"The evaluative style of mediation (3\/4) – The mediation appropriateness of evaluative mediation activities"},"content":{"rendered":"

The evaluative mediation style (3\/4) – Mediation appropriateness of evaluative mediation activities<\/strong><\/h1>\n

Mediation principles frame evaluative mediation services.<\/strong><\/h2>\n<\/div><\/div><\/div><\/div><\/div>
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Blog series on evaluative mediation<\/strong><\/em><\/pre>\n
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  1. Evaluative mediation services. Evaluative and proven activities of mediators in mediations<\/em><\/a><\/strong><\/li>\n
  2. Legality of evaluative mediation activities.<\/em><\/a><\/strong><\/li>\n
  3. Mediation appropriateness of evaluative mediation activities. Mediation principles as a framework for evaluative mediation services.<\/em><\/strong><\/li>\n
  4. Opportunities and risks of evaluative mediation services. Do it!<\/em><\/li>\n<\/ol>\n<\/div>
    Introduction<\/strong><\/h3>\n
    In<\/span><\/span> the<\/span><\/span> preceding<\/span><\/span> Share<\/span><\/span> have<\/span><\/span> I<\/span><\/span> explained<\/span><\/span>,<\/span><\/span> which<\/span><\/span> Tasks<\/span><\/span> in<\/span><\/span> Mediations<\/span><\/span> assessing (evaluating)<\/span><\/span>\u00a0are<\/span><\/span> and<\/span><\/span> that<\/span><\/span> them<\/span><\/span> according to<\/span><\/span> the<\/span><\/span> German<\/span><\/span> Mediation Act<\/span><\/span> Legitimate<\/span><\/span> are<\/span><\/span>.<\/span><\/span> <\/span><\/p>\n
    Now<\/span><\/span> shall<\/span><\/span> shown<\/span><\/span> become<\/span><\/span>,<\/span><\/span> that<\/span><\/span> these<\/span><\/span> Tasks<\/span><\/span> in the<\/span><\/span> Reason<\/span><\/span> taken<\/span><\/span> also<\/span><\/span> mediative<\/span><\/span> are<\/span><\/span>.<\/span><\/span> <\/span>The<\/span><\/span> means<\/span><\/span> not<\/span><\/span> simple<\/span><\/span>,<\/span><\/span> that<\/span><\/span> each<\/span><\/span> Range of solutions<\/span><\/span> hasty<\/span><\/span> Acceptable<\/span><\/span> is<\/span><\/span>,<\/span><\/span> but<\/span><\/span> that<\/span><\/span> Mediators<\/span><\/span> more<\/span><\/span> do<\/span><\/span>,<\/span><\/span> as<\/span><\/span> only<\/span><\/span> Proposed solutions<\/span><\/span> to<\/span><\/span> present<\/span><\/span>.<\/span><\/span> You <\/span>Go<\/span><\/span> more<\/span><\/span>,<\/span><\/span> by<\/span><\/span> them<\/span><\/span> the<\/span><\/span> Communication<\/span><\/span> between<\/span><\/span> the<\/span><\/span> Parties to the conflict<\/span><\/span> Moderate<\/span><\/span> and<\/span><\/span> on<\/span><\/span> one<\/span><\/span> constructive<\/span><\/span> Level<\/span><\/span> hold<\/span><\/span>.<\/span><\/span> <\/span><\/p>\n<\/div>
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    Mediation training<\/h2><\/a><\/div>
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    Our training in mediation and conflict management in the business and labour world,<\/p>\n
    headed by Prof Dr Sascha Weigel.<\/p>\n
    New start each year in March and October.<\/p>\n
    Register now for the next course!<\/p>\n<\/div>
    <\/div>More information here...<\/span><\/a>
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    What is the mediation problem in evaluative activities?<\/strong><\/h2>\n
    The<\/span><\/span> Mediation problem<\/span><\/span> with<\/span><\/span> evaluating<\/span><\/span> Activities<\/span><\/span> lies<\/span><\/span> in the<\/span><\/span> Understanding the procedure for a mediating<\/span><\/span> Conflict resolution<\/span><\/span>:<\/span><\/span> What<\/span><\/span> is<\/span><\/span> Mediation<\/span><\/span>,<\/span><\/span> what<\/span><\/span> are<\/span><\/span> their<\/span><\/span> Goals<\/span><\/span> and<\/span><\/span> like<\/span><\/span> the third party (and the parties to the conflict) achieves these goals<\/span><\/span>?<\/span><\/span> <\/span><\/div>\n
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    Mediation<\/span><\/span> is<\/span><\/span> one<\/span><\/span> Negotiation<\/span><\/span> with<\/span><\/span> Support for<\/span><\/span> one<\/span><\/span> Third parties<\/span><\/span>,<\/span><\/span> at<\/span><\/span> one<\/span><\/span> Conflict<\/span><\/span> to<\/span><\/span> solve<\/span><\/span>,<\/span><\/span> the<\/span><\/span> the<\/span><\/span> Parties<\/span><\/span> alone<\/span><\/span> not<\/span><\/span> cope<\/span><\/span> can<\/span><\/span>.<\/span><\/span> <\/span><\/div>\n
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    In the In contrast to a judging third party<\/strong><\/span>\u00a0the mediator promotes<\/span><\/span> the thematically open(!)<\/span><\/span>\u00a0Communication<\/span><\/span> between<\/span><\/span> the<\/span><\/span> Parties<\/span><\/span> and<\/span><\/span> Helps<\/span><\/span> them<\/span><\/span>,<\/span><\/span> one<\/span><\/span> common<\/span><\/span> Solution<\/span><\/span> to<\/span><\/span> Find<\/span><\/span>. Ultimately, the mediator does not care about the thematic focus: whether past, present or future – in the face of mediators, conflict parties can in principle talk about anything.<\/span><\/span><\/span><\/div>\n
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    The intermediary third party does not decide<\/strong> like a judge.<\/strong> On the one hand, the judge's solution has been developed on the basis of a general-abstract decision-making standard (- the law! -), on the other hand it is legally valid and effective even against the will of the parties. What mediators have to say is not subject to these standards, which is why the question arises as to why they have to say anything at all in terms of content! In any case, not solely on the basis of the abstract procedural norm of „mediation“. If he has something to say in terms of content, then this is only relevant if the parties to the conflict have asked for it!<\/div>\n
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    Note: Anyone who strictly binds the mediator to the contractual basis with the parties to the dispute will in any case come to the conclusion that the mediator's substantive statements on the „case“ depend on the parties to the dispute. However, that is a different technical dispute: Where do the normative charges for mediators' activities come from? I will leave that open here.<\/em><\/div>\n
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    The third is nor was it instructed to submit a proposal for a decision<\/strong>as it was originally a Conciliator<\/strong><\/em> should do.<\/div>\n
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    The<\/span><\/span> basic<\/span><\/span> Principle<\/span><\/span> the<\/span><\/span> Personal responsibility<\/span><\/span> the<\/span><\/span> Participants<\/span><\/span> is<\/span><\/span> decisive<\/span><\/span> in<\/span><\/span> the<\/span><\/span> Mediation<\/span><\/span>.<\/span><\/span> <\/span>The<\/span><\/span> Parties to the conflict<\/span><\/span> are<\/span><\/span> alone<\/span><\/span> for<\/span><\/span> the<\/span><\/span> Decisions<\/span><\/span> in<\/span><\/span> their<\/span><\/span> Conflict<\/span><\/span> responsible<\/span><\/span>.<\/span><\/span> <\/span>The<\/span><\/span> Mediator<\/span><\/span> influenced<\/span><\/span> although<\/span><\/span> the<\/span><\/span> Dynamics<\/span><\/span> of the<\/span><\/span> Conflict<\/span><\/span> and<\/span><\/span> the<\/span><\/span> Communication<\/span><\/span>,<\/span><\/span> but<\/span><\/span> he<\/span><\/span> should<\/span><\/span> the<\/span><\/span> Parties<\/span><\/span> Room<\/span><\/span> leave<\/span><\/span>,<\/span><\/span> their<\/span><\/span> own<\/span><\/span> Ideas<\/span><\/span> and<\/span><\/span> Solution approaches<\/span><\/span> to<\/span><\/span> develop<\/span><\/span>.<\/span><\/span> <\/span><\/div>\n
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    The overarching basic principle of personal responsibility of the parties involved is decisive in mediation.<\/em><\/strong><\/p>\n<\/blockquote>\n
    Mediation<\/span><\/span> can<\/span><\/span> not<\/span><\/span> only<\/span><\/span> moderating<\/span><\/span> work<\/span><\/span>,<\/span><\/span> but<\/span><\/span> also<\/span><\/span> active<\/span><\/span> on<\/span><\/span> the<\/span><\/span> Solution finding<\/span><\/span> participate<\/span><\/span>,<\/span><\/span> without<\/span><\/span> the<\/span><\/span> Autonomy<\/span><\/span> the<\/span><\/span> Parties<\/span><\/span> to restrict<\/span><\/span>.<\/span><\/span> <\/span><\/div>\n
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    The<\/span><\/span> Mediator<\/span><\/span> must<\/span><\/span> on it<\/span> pay attention<\/span>,<\/span> like<\/span> the<\/span> Parties<\/span> his<\/span> Suggestions<\/span> record<\/span> and<\/span> in<\/span> their<\/span> Decision making<\/span> include<\/span>.<\/span> <\/strong><\/span>It<\/span><\/span> is<\/span><\/span> Important<\/span><\/span>,<\/span><\/span> that<\/span><\/span> the<\/span><\/span> Parties<\/span> the<\/span> Suggestions<\/span> of the<\/span> Mediators<\/span> Critical<\/span> check<\/span><\/strong> and<\/span><\/span> not<\/span> simple<\/span> accept<\/span>,<\/span> because<\/span> them<\/span> from the<\/span> neutral<\/span> Mediator<\/span> originate<\/span><\/strong>.<\/span><\/span> <\/span><\/div>\n
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    However, if there is no doubt that the parties will not adapt, but (would) take up the ideas and solutions in an inspired manner and process them on their own responsibility, there is no reasonable reason for the mediator to withhold those ideas and solutions. There is no limitation by the mediator in relation to conflict parties acting on their own responsibility.<\/p>\n
    It can therefore be said that the mediator's scope for effectiveness is part of mediation as long as the parties to the conflict do not see themselves restricted or have to act in an adaptive manner.<\/p>\n<\/div>
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    Training in organisational mediation - mediation in and for organisations.<\/h2><\/a><\/div>
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    Organisational mediation is the handling of conflicts that arise in the business and working world. It takes place in, with and for the organisation - by enabling the relevant members of the organisation to deal with conflicts appropriately.<\/p>\n
    We train you for this or professionalise your mediation and conflict counselling approach. We start our training programme regularly in March each year.<\/p>\n<\/div>
    <\/div>More information here...<\/span><\/a>
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    Consequences for mediation<\/strong><\/h3>\n
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    It<\/span><\/span> gives<\/span><\/span> various<\/span><\/span> evaluating<\/span><\/span> Mediation activities<\/span><\/span>:<\/span><\/span> Guard rails<\/span> set<\/span>,<\/span> false<\/span> Performances<\/span> correct<\/span>,<\/span> Solution approaches<\/span> present<\/span> and<\/span> Solution ideas<\/span> introduce<\/span>.\u00a0<\/span><\/strong><\/span><\/div>\n
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    This was unfolded in the 1st part of this small blog series.<\/div>\n
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