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In mediation, the "problem" is not the most important thing.

  • May 30
  • 2 min read

I am often asked what mediation "is". The question is simple, the answer less so. We can, of course, cite the provisions of the Judicial Code, recall that the mediator is an independent, neutral and impartial third party, that they do not decide, but rather provide support... All of this is true, but it misses the point entirely.


Because what these concepts encompass is, above all, an experience: that of two people, or a person and an institution, or two groups of people, who no longer listen to each other and who, within a few sessions, begin to speak to each other again. This reality is not found in any text: it is lived.


If I had to summarize what strikes me most after several years of practicing as a mediator, it would be that mediation doesn't work because it brings positions closer together, but because it shifts the focus . As long as each party remains entrenched in their own position , the conflict remains a power struggle. The mediator's job is to patiently guide the parties back to what they need —a fundamental distinction theorized by Fisher and Ury forty years ago, and one that is borne out in every session.


This, I believe, is what deserves to be told: more often than not, the sticking point isn't the stated subject of the disagreement. Behind a dispute over resources or arbitration almost always lie unspoken needs : the need to be heard, recognized, consulted, and respected in one's role. As long as these needs remain unspoken, no technical solution will hold. But once these needs are acknowledged, the dispute often resolves itself with surprising speed.


This is also what distinguishes mediation from mere "structured conversation": a demanding and structured process, where the essential element is precisely to hear what words do not express. In this sense, in mediation, the core issue is not the problem that brings the parties to the mediator's table.


 
 

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