Institution of Mediation.

It is explained with the story of the orange, which has different versions, and makes us understand the play of interests and positions in the conflict and how with dialogue a satisfactory solution can be found for all parties. Two brothers were disputing the possession of an orange. Since there was only one, the most obvious thing would be to cut it in half, but with this solution the children are not entirely satisfied. They go to their mother to try to resolve the conflict. After talking to both children, the mother peeled the orange and gave the inside of the fruit to one of them who wanted to eat it, and gave the peel to the other, who wanted it to play with, making figures with it. Here is an optimal mediation, talking, understanding, seeking the interest of each one, and providing a solution that is entirely satisfactory to both parties.

The use of dialogue is basic for conflict resolution. Through mediation, we seek to promote cooperative action between the parties (I win/you win), and the parties are helped to develop attitudes of openness, understanding and empathy. As well as, to promote self-control, self-regulation skills and practice democratic participation.

The mediator functions as a facilitator of the process. This is a neutral third party, an expert in communication, who creates a space, the opportunity and the conditions to facilitate dialogue between the parties so that they reach a mutually acceptable agreement, as they say “talking makes people understand.” It is basically about giving dialogue a chance.

In difficult, conflictive, bitter situations… At the request of the parties, the mediator puts himself in the middle of those involved to, through communication techniques, help them discover their interests, what needs they have, and in this way, try to satisfy the interest of everyone, to be able to move forward with a relationship based on respect and mutual recognition of the parties.

Mediation is a voluntary conflict resolution procedure, an alternative method to judicial means, in which the parties request and accept the intervention of professional, impartial, neutral mediators without the capacity to make decisions for them. Mediation helps to find a useful response to the conflict and facilitates an approach to people’s real needs. The parties maintain control of the negotiations and the dispute.

In mediation, people in conflict do not delegate their decision-making power to a third party (be it a Judge, an Arbitrator, etc., who is on a level of superiority to the parties, triangular structure) but rather they themselves establish the agreements. and these are going to be the reflection of their wills. Agreements are more likely to be fulfilled because they are the result of a personal decision of the parties, a decision that generated the obligation or commitment. Mediation will be possible if the parties agree to cooperate with the mediators to resolve the conflict, as well as to respect each other during and after the process, and are willing to honor the agreements they sign at the end of the process.