In a brief definition, Conflict Mediation is an extrajudicial method for conflict resolution in different scenarios, however, its relevance goes far beyond this initial concept, as it helps in the preservation of relationships – personal and contractual. Mediation has been increasingly notorious as a valuable resource for self-knowledge, communication and negotiation, facilitation of dialogue to resolve controversial situations and decision making. Scenes that involve disagreements of interests bring implicit the need for negotiation and the deconstruction of impasses.
For Tania Almeida, Master in Conflict Mediation and author of book Toolbox in Mediation – practical and theoretical contributions (Dash Editora), this is a process that allows those involved to co-author solutions in the negotiation, aiming at solutions of mutual benefit. It has, therefore, broad field of action in scenarios involving people or organizations, being drawn in each case.
“Mediation is an invitation, a proposal to give voice and time to those who are inserted in the context of disagreement. The entire process – beginning, course and end – is guided by the autonomy of the parties' will. It presupposes, therefore, the availability of those involved to review the position in which they find themselves”, he emphasizes.
Re-established dialogues and other benefits
In mediation, the limits of ethics and law are prioritized. The focus is on the relationships of the present, revisiting the past in a constructive way, highlighting the needs and possibilities of each of those involved along the way.
“For a person to recognize that they are in a relationship, whatever it is, it is because at some point it already worked. Another challenge for mediation is to re-establish dialogue between the parties, so that alternatives and a consensus for possible solutions can emerge. The proposal is to promote a collaborative context, instead of an adversarial one”, points out the mediator Shirley Gômara, who works as the coordinator of MEDIARE's health sector.
According to Shirley, training as a mediator in 2016 by MEDIARE – after having worked for 30 years as a pulmonologist and occupational physician – brought important changes in her life. Not only for the positive effect on self-knowledge and on learning the art of dialogue, but also for having acquired tools that facilitate their personal and professional relationships on a daily basis.
Today, Shirley acts as a mediator in the health context, helping to map and build processes that facilitate relationships between areas of a hospital, for example, and the people involved. She is also a volunteer for the social project of Health Post Network, in which she uses mediation tools to assist women living in Pavão, Pavãozinho and Cantagalo, in the South Zone of Rio de Janeiro.
MEDIARE team, Shirley on the left, working at the Postinho de Saúde Network
Four practical tips suggested by Shirley:
– Redirect the center of your attention from yourself to an active listening to the needs of the other;
– If a communication problem exists, it is because dialogue is a need that has not been met;
– Pay attention to identify what no longer works, to be more productive;
– Only bring from the past what will make a difference in the future.
It is worth mentioning that mediation seeks to build consensus with the other, unlike conciliation that makes an agreement based on legal arguments.
How to act as a conflict mediator?
The mediator is a professional with multidisciplinary training and specialization in Conflict Mediation. Due to its informal nature, it will not necessarily act at the head of resolutions that involve legal proceedings. However, the agreements built in Mediation must gain legal language and be sent for approval. The profession of mediator allows original training in several areas, and can be exercised by lawyers, psychologists, doctors, sociologists, philosophers and, above all, specialists in communication and negotiation. Learn more about MEDIARE courses here.
Mediation conquers the business world
Business mediation is a powerful instrument for conflict resolution in the corporate world. With her we have a greater control over the process and the outcome. Co-authorship by the parties involved means that solutions can be customized for different sectors: from managers and leaders, human resources professionals, family businesses, among others. Especially because it presents multiple possibilities, mediation has been gaining more and more space in the business environment.
“In other countries, mediation was a movement that made a difference. In Brazil, we are experiencing the 'Uber effect', in which the need is great and the opportunities become even clearer. Active and empathetic listening, the ability to create connections and attract trust are characteristics of the mediator, which contribute to improving broad deficiencies in the system”, summarizes Marcelo Perlman, Master in Law and specialist in business mediation trained by MEDIARE, Pepperdine University, and NY Bar, next to Fordham University.
Among his main skills, the mediator has the differential of helping in subjective and objective guidelines. Predicted to be fast, informal and confidential, it works to reduce financial, emotional and time costs. Its objective is, in a short period, to promote a collaborative agreement from an initially adversarial context. The mediator does not decide or suggest, but promotes a process of reflection of the parties so that they have the best understanding of the scenario and the conflict. Once there is this understanding, the search for alternative solutions becomes viable, which can later be transformed into cooperative actions.
If you want to know more about it, check out the MEDIARE Institute webinar, in which Tania Almeida welcomes Marcelo Perlman for a chat about Business Mediation.
We thank you for your interest in the topic and for the prospect of expanding the good consensus. If you have any questions or suggestions, write here and we will get back to you as soon as possible. This dialogue is very important to us!
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