BeCORE Mediation only works with NMI certified mediators.
NMI, the Netherlands Mediation Institute, administers a register of certified mediators. In court, judges exclusively use this register to assign mediators to a case.
Jeannette Franken is objective, neutral and results-oriented whilst maintaining party autonomy. She is an experienced manager in banking and business and speaks the language of professionals. Her style is: straight forward and clear on content / soft on the person.
What is mediation?
When people work together, conflicts and miscommunications are bound to occur. As a result, business and private relations get disturbed. Mediation helps conflicting parties to take effective steps.
Mediation is a way of dispute resolution by a neutral and independent third party. The mediator guides the participants towards a mutually beneficial solution for their conflict, in which the outcome of the process is determined by the confliciting parties themselves. Restoration of disturbed communication is crucial.
Mediation prevents the waste of energy, long lasting procedures and high costs.
In some cases, mediation may be deployed next to a legal procedure, which is subsequently suspended awaiting the outcome of the mediation process.
Mediation is based on two premises:
Voluntary: you can not be forced to participate in mediation. However, once mediation is chosen, you will have to participate actively in the process. The premise is that it is the wish of all parties involved to reach a mutually acceptable solution to the problem.
Confidential: Beforehand, confidentiality is formally agreed between parties so all discussions are confidential. This way, all parties can talk freely without fear that anything they say or do will be out in the open or may be used against them.
How does mediation take place?
The mediation process takes place in 4 phases:
Intake: mediation starts with an intake meeting and the signing of the mediation agreement. The latter includes a confidentiality clause, that the mediation is entered voluntarily, and the obligation to make an effort (i.e. that parties do their best to reach a solution).
Exploration: in (usually) joint discussions, the points of view of conflicting parties are explained. Subsequently, the different interests of parties are discussed, to such an extent that the core of the problem comes to light. The process is future oriented and focussed on what the truly underlying issues are.
Negotiation: based on these, parties themselves come up with possible solutions and work out several different options. Parties then choose the solution that is most beneficial to each of their interests.
Lay down: the agreed terms are laid down in a short contract.
Post mediation: In more complex cases, beCORE Mediation offers a follow up for 6 or 12 months, at the request of the parties involved.
Advantages of mediation
Business mediation is quick, cost efficient and confidential.
The process is quicker and less costly than a legal procedure. The costs are usuallly split between both parties;
Mediation is informal and aimed at retaining the mutual relations and restoration of communication. By contrast, relations are usually further damaged in legal battles;
Parties keep control of the outcome and solutions. Creative and mutually acceptable solutions are encouraged, which leads to a high rate of acceptance;
The process and solutions are future oriented.
Costs of mediation
In general, the costs of mediation are split equally by the conflicting parties. It is however possible to agree to a different way to allocate the costs. This is laid down in the mediation agreement.
A (successful) mediation generally requires much less time than a legal procedure. Research shows that on average, a mediation takes three to four meetings of approximately 2 to 2,5 hours. Apart from this, time is spent on laying down the mediation and final agreements, notes and correspondence.