A true-false mediation
The conflict lasts for months between taxis and VTC (Chauffeur-driven Tourist Vehicle). The tension is such that Matignon has mandated a mediator to help resolve this conflict and restore communication. Appointed last Tuesday, the mediator posted comments that resulted in an exchange of Tweets .
Here, together, all the ingredients for a mediation doomed to fail:
- Take sides: a mediator is impartial as to the reasons for a conflict. He must remain distant and not pass judgment.
- Advise on the best thing to do: the mediator is neutral about the solutions. The important thing is that the parties find an agreement that suits them.
- Recall the position of the mandatary: the mediator is independent in relation to any authority, including the one that mandates and pays him.
- Speak openly about it on a social network: the mediator has a duty of confidentiality, of reserve.
Mediation is already obsolete even before having started, as noted by a user in his comment.
Mediation must take place in a climate of trust. The parties involved in the conflict must feel comfortable. Is it possible if the person opposite has already judged the situation and taken a position, even if it is for you? In a conflict, each party is right in their point of view.
Then he imposes his solution. If he knows better than you what to choose, why mediate then? His solution may not be yours or that of the other party in conflict. A mediator can talk about all the solutions that exist, but in no way can one privilege one over another.
Then he gives you the position of the agent with, as a bonus, a similar personal point of view. If the mediator is not independent of the surrounding authorities then he is a negotiator or conciliator – not a mediator. His job is to convince you and not to let you choose.
And finally, before you even met, the mediator has already shared everything that has just been said in public. Would you like to give him sensitive and confidential information, and without any doubt crucial for the resolution of the conflict?
Not only is mediation harmed even before it begins, worse still, it is adding fuel to the fire and gives reason to think that the government is trying to buy time, as a trade unionist raises. One more argument to maintain the conflict.
Professional mediators exist. They have training, are certified, have a posture and act according to a code of ethics. And above all, they do mediations that end with satisfied and respected parties.