What successful managers and engineers are usually good at: thinking analytically, explaining, arguing. But does my counterpart really understand what I am saying and what I am getting at? What is left unsaid? Where are we talking past each other?
In difficult discussions, the presence of a third party can be helpful. A third party who brings a fresh view to the table, who clarifies points of view, who puts the discussion on another, more objective level and thus, opens up new perspectives. ACCORD's conciliators listen carefully. They have patience and ask the right questions. They make sure that the discussion does not become a one-way street. The conciliators look at the problem from more than one perspective - which can then also be easier for the parties. In this way, puzzle pieces are found that were not previously present in the discussions.
When a technical problem is complex and the points of view are far apart, it is not always clear: where are the forks in the road? How to structure discussions? How to approach solutions? With the trained eye of the technical expert, with the experienced view of the lawyer, ACCORD's conciliators help to peel off the problem, to focus on the decisive questions and suggest a systematic procedure to the parties. Through well-moderated discussions, the way is open for entrepreneurial solutions.
The arguments of the parties are often the tip of the iceberg only. Especially in technical disputes, the discussion strongly focuses on details. The big picture is often lost sight of: Is it about who is right? Or is it about business opportunities? What are the economic interests and how can they best be achieved? Is it possible to reach an agreement that goes beyond the specific issues in dispute? This is where ACCORD conciliation comes in: we ensure awareness of the interests of each other and let the parties discover how many of their interests are compatible. Win-win solutions come within reach...
Where a judge tries to resolve the past, ACCORD conciliators help the parties shape their future. The interests of the parties are the compass. Now, creativity is called for. Options must be carefully collected and developed. Does the broader perspective give room for new ideas? Are there any options that were previously overlooked or not openly expressed? Can different options be combined with each other? What might have appeared like a "victory for the other side" can turn out to form part of a mutually beneficial solution. Often, none of the parties really has to "give in". Rather, all can make their contribution and all can benefit from the solution.
The expertise of ACCORD's conciliators is at the parties' disposal. This generates added value. If the parties so wish, the conciliators share their technical views and experience with the parties. Or they bring in additional expertise, for example by suggesting the commissioning of specialists. The ACCORD conciliators are ready to name options or make recommendations,
- for good technical solutions,
- for a fair procedure or
- for an agreement that seems reasonable.
In any event, the parties decide for themselves. And if they come to reasonable solutions, they save time, costs and nerves.
Once an agreement has been reached, relief and zest for action spread. Rightly so. But is the text of the agreement really clear and unambiguous? There are few things more grueling than disputing the substance of an agreement.
ACCORD conciliators facilitate negotiations that enable the parties to reach complete and sustainable solutions. The agreement must be documented in a way that is enforceable. As ACCORD is a state-recognised conciliation office ("staatlich anerkannte Gütestelle"), agreements can easily be declared enforceable by law.
Nothing should stand in the way of long and prosperous business relations.