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Success story: reaching an agreement despite major differences
In conflicts, particularly in workplace disputes, the positions of the involved parties can often seem worlds apart. What appears to be an insurmountable gap can, however, be bridged with the right approach and mediation. In this success story, we take you through a complex mediation where initially lofty demands and seemingly unresolvable differences dominated. Through patience, strategic thinking, and the ability to move both parties forward, a situation on the brink of escalation was transformed into a successful agreement.
28-8-2024
4 min. reading time
Challenge: Positions far apart
In workplace conflicts, the positions of parties can sometimes be miles apart. This was the case in a recent mediation where the employer was willing to offer a severance package of €15,000, while the employee demanded €240,000—a 16-fold difference. The employer’s lawyer questioned whether continuing mediation was worthwhile given this significant gap.
Approach: Keeping the door open for dialogue
Despite the doubts, I decided to proceed with the mediation. Both parties were aware of each other's positions, which was an important first step. The goal was not to simply "meet in the middle," but to move both parties toward a solution that would be acceptable to both.
Process: Bridging the gap through shuttle mediation
During the mediation, the key issues were laid out: a wage claim of €150,000, a dispute over the application of the collective labor agreement (CLA), and the severance package. The employer stated that paying the full claim would lead to bankruptcy but was open to increasing the severance offer beyond the original amount.
By placing the parties in separate rooms and acting as a shuttle mediator, I began to see movement in their positions. Various scenarios were explored, including taking the wage claim outside the final settlement and presenting the case to a judge. Considerations such as high legal costs, the impact on business operations, and the psychological burden were factored into the discussions.
Breakthrough: Simplifying and moving past principles
When it seemed that an agreement was still out of reach, I suggested focusing on a total amount rather than dissecting each individual claim. This helped reduce complexity and shifted the focus toward achieving a workable solution.
I emphasized that both parties needed to step beyond their boundaries and accept some compromise to reach an agreement. Through repeated discussions, the parties gradually moved closer to one another.
Outcome: Agreement reached
Ultimately, simplifying the negotiations, letting go of rigid principles, and fostering a willingness to move forward led to a signed settlement agreement. Both parties left the mediation relieved. The specific amount agreed upon is less important than the fact that both parties were able to move on.
This success story demonstrates that even when positions are far apart, a thoughtful approach can lead to a workable resolution.
Turn your conflict into an advantage
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