“I can’t change the direction of the wind, but I can adjust my sailes to always reach my destination.”
Mediation is the process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement. Mediation is often referred to as ADR – alternative dispute resolution. For Nicole van Gelder the “A “ stands for: “Appropriate”.
The mediation proces
- First the mediator explains the mediation process and the importance of the confidentiality of the process. Then both parties confirm their willingness to proceed.
- The mediation process then starts formally by signing the mediation agreement
- The mediator guides the exchange of all required information and communication between parties and leaves room for their emotions, demands, needs, wishes and desires.
- Differences and similarities are established.
- Next, both parties work towards identifying their general and shared interests.In reality, there are always shared interests.
- The various options for resolution are exploredand secured according to SMART criteria.
- When both parties agree on a mutually agreeable resolution, a settlement is made.
- With this, the mediation is complete.
- A mediation takes around 8 to 14 hours on average
She is a peer reviewer for the MFN/SKM and a fully certified ADR conflict coach. Nicole van Gelder is bilingual, Dutch and English. She also trained at Harvard University. An experienced leader and negotiator, she is qualified for various roles, especially in the areas of dispute resolution, public policy mediation and business mediation. Clients receiving legal aid are also supported (see www.rvr.org).
Archimediar works in accordance with the guidelines of the General Data Protection Regulation (AVG).
Nicole van Gelder works closely with an extensive network of professionals. She can be summoned as an arbiter for the College of Multi Media.
She is – among others – a member of the Dutch Mediators Association, the Government Association of Mediators and the MFN team for work disputes.
She also participates annually as a judge or mediator in the international student mediation competition in Paris (organized by the International Chamber of Commerce).
Clients have consistently rated Nicole van Gelder’s work at the highest level.
“Thank you for explaining the process to us so clearly”
“The mediation resulted in a better mutual understanding”
“Thank you for all your assistance, should we require any similar services of mediation in the future, I would be happy to use your services, we have been very happy with each step of the process”
Work disputes are conflicts between the employer and employee, or between individual colleagues. There are various reasons why work disputes arise and escale, for example disagreements regarding collaboration, working conditions and/or performance. Work disputes can have far-reaching consequences for an organization, a team, and for individual employees.
Mediation can help improve work relations and can establish better work agreements. Both parties might also reach the decision to part. The mediator can guide them do so on good terms. The mediator identifies and discusses the wishes and possibilities with both parties in order to reach the best possible solution for all involved. This is done in a neutral, professional manner, while leaving room for the various emotions that can arise in these situations.
Advantages of dispute resolution
An average work dispute can cost an organization around €31,087. Mediation can lower these costs to €3,137.
Source: Forum for Conflict Management 2007..
Business conflicts can arise between companies, business partners, directors, board members associates etcetera. For example over a breach of contract or a dispute over undelivered services, at least according to one of the parties. Normally both parties will go to court. A specialized mediator and dealmaker can not only limit the costs of these procedures, but can also help find a solution that doesn’t damage the parties’ mutual relationship. Sometimes such a solution can even be mutually beneficial.
Advantages of business mediation
Did you know that a standard €200,000 trade dispute can cost around €32,000 in legal fees and take up to 700 days (2 years)? Mediation can reduce this to 224 days and €23,000, a reduction of 32%.
Source: ACB costs of business conflicts
Dealmaking or deal breaking?
A mediator can be a valuable asset, even when there is no dispute. An experienced mediator can help speed up complex negotiations with multiple parties.
Mediation and the government / Public policy mediation
Because the government is involved with citizens, companies, social organizations and other governments, a good relationship with each of these parties is essential. Public Policy Mediation helps prevent and resolve conflicts.
Governments operate differently than businesses. Governments implement regulations and policies and have a different decision-making process. In addition, other specific characteristics need to be considered when dealing with a government. For example, the Act on Public Access to Government Information, the General Principles for Good Government (ABBB), internal procedures with rigid deadlines and various political sensitivities. By paying attention to these special characteristics, mediation can be a valuable tool in many government cases, resulting in fewer procedures and lower costs.
Nicole van Gelder is connected to an extensive network of professionals. If required, she can involve specialists in the fields of management, leadership, organizational science and finance, as well as a wide range of legal expertise.
“Life can only be understood backwards; but it must be lived forwards”
Peer consultation (INTERVISION)
Peer consultation (or intervision) is an indispensable method for professionals who want to secure and improve their expertise. Participants share their experiences during peer consultation and encourage each other to sharpen their thoughts and develop new behavior patterns.
A methodical approach, applied under the professional guidance of an independent facilitator such as Nicole van Gelder, makes peer consultation a valuable way for professionals to help each other function more effectively in their professional roles.
Nicole van Gelder is a certified peer consultant, approved by the MFN, the Netherlands Bar Association and the VFAS ( association of lawyers specializing in family and inheritance law as well as divorce mediators).
Nicole van Gelder regularly holds peer consultation sessions.
More information: firstname.lastname@example.org
Participants about Nicole van Gelder:
“Thanks again for the excellent guidance of our peer consultation session”.
“Thank you for your pleasant guidance during the sessions, they were most inspiring. I will definitely recommend you to my contacts”.
Nicole van Gelder is a fully certified ADR (conflict) coach. She coaches both individuals and teams, focusing on developmental learning and growth.
Van Gelder applies different strategies, such as appreciative inquiry.
“Success is not final, failure is not fatal: it is the courage to continue that counts”
Nicole van Gelder has extensive experience as a trainer.
She provides custom made trainings and workshops in basic mediation skills; mediation & creativity; solution focused negotiation; back and forth negotiation, and trains people how to become a peer consultant. She also provides a training in business mediation for Merlijn.
“A leader is best when people barely know he exists, when his work is done, his aim fulfilled, they will say: we did it ourselves”
Nicole van Gelder is a peer reviewer for the MFN and IMI. This is comparable to an auditor for law firms. Additionally, she has extensive experience in other supervisory roles as a member of various supervisory boards and committees.
“Creativity takes courage”
Nowadays everyone is expected to think out of the box, but this isn’t always as simple as it sounds. In the right circumstances however, everyone is capable of creative thinking. Nicole van Gelder is specialized in creating such circumstances and guiding people through the creative process step by step: from encouraging ideas to flow freely, to helping structure these ideas into a concrete action plan.
She also guides teams and individuals in transformative processes. Van Gelder is specialized in developing new visions and missions and optimizing cooperation within teams, as well as developing and realizing new services and products. She was trained as a creative facilitator in Belgium (COCD) and the United States (Buffalo University NY).
“The shortest distance between two points is a straight line.”
Greek mathematician and inventor
Nicole van Gelder established Archimediar in 2000, after a career with the Municipality of Amsterdam where she gained extensive experience at the highest levels of management. Starting as a spokesperson for the Mayor and Aldermen, she went on to become head of cable television and new media and managed the sale of cable networks for several municipalities. She named her company ‘Archimedes’, after the man who discovered that solutions are often found once we let go of a problem, or when we are encouraged to look at a problem from a different angle.