Quote of the BVerfG, 1 BvR 1351/01 from 14.02.2007
At the beginning, all parties describe their conflict in their own words, with each one having a chance to speak. Both parties listen to the conflict topics from the perspective of the other, and even unspoken conflicts are made transparent.
All parties articulate their interests that must be preserved within the framework of a negotiable solution. Presenting and prioritizing these identified interests serves as the foundation and benchmark for the later success of the solution.
The parties in the mediation, together with the mediator, search for mutually agreeable solutions. These approaches are sorted and prioritized together, and emerging negotiation spaces—such as through the combination of various solution approaches—are identified.
The negotiation phase follows the five principles of the Harvard Model:
An agreement marks the end of the mediation process and can take various forms. A verbal agreement is already considered a success, but a binding legal contract is preferred. Ultimately, what matters is whether the agreed-upon solution is implemented by all parties in practical business operations (follow-up phase).
As part of the agreement process, it is recommended (on a voluntary basis) for all parties to define the structure and duration of a follow-up phase to assess 'whether the agreement holds'. This can include regular discussion agreements as well as concrete, measurable criteria (numbers/data/facts) for the mutually agreed-upon solution.