Mediation
Mediation means a structured process of mutual conflict resolution, whereby two or more parties to a dispute, with the assistance of a mediator, attempt by themselves to reach a mutually acceptable settlement of issues in dispute.
In commercial matters conflicts often arise as controversial decision making or planning. Decision making processes don't progress, as involved parties have stopped listening to each other and persist in their respective viewpoints.
With respect to the biotech- and pharmaceutical industry as well as in healthcare management, mediation or mediation-like processes can be useful for the resolution of (e.g.):
- Disputes between management and investors
- Disagreement among the leadership team
- Conflicts between cooperation partners, competitors or with customers and authorities
- Conflicting requirements of different units or cross-functional strategic matters
- Patent dispute
Mediation enables the involved parties to detach themselves from positions, and to develop new solutions which best fulfill their respective motives and needs.
Advantages of a mediation process (versus litigation or arbitration) are as follows:
- An agreement usually is made beyond the scope of the specific dispute, due to a more in-depth reflection of the underlying topics and needs
- The agreement is forward-looking and solution orientated (instead of searching who was "right" or "wrong")
- The mutual development of a solution facilitates an amicable and sustainable relationship between the parties, benefitting further collaboration
The role of the mediator is to organise the setup as well as to suggest and to ensure a structured procedure. He (or she) evaluates the suitability of mediation as a method of conflict resolution with respect to the specific dispute, and supports the parties on their move from positions to topics, interests and ultimately creative agreements.
The impartiality of the mediator is one of the general principals of all mediation processes, as well as voluntariness and personal responsibility of the parties to a dispute, who are themselves in charge of the process and may organise it as they wish and terminate it at any time. The mediator has no authoritative decision-making power regarding the resolution of the conflict. Mediation is an open outcome procedure and should include regulations regarding the confidentiality of information arising out of or in connection with a mediation process.
