Mediation
Mediation is an efficient and respectful way to resolve disputes without legal escalation. As a neutral third party, we guide parties toward a mutually acceptable solution. Unlike traditional dispute resolution procedures, the emphasis is on cooperation and voluntariness.
Social / Work-related
We provide guidance on:
- Conflicts between employees and managers
- Tensions between colleagues or departments
- Redundancy support or reintegration after long-term absence
- Collective conflicts or reorganizations
Civil / Commercial
We mediate in:
- Disputes between customers and suppliers, doctors and patients, teachers and students, etc.
- Contractual ambiguities or payment disputes
- Internal conflicts within companies
- Distribution problems or breaches of cooperation agreements
- Tensions in the boardroom
Family
We provide support in:
- Divorce and separation
- Inheritance, generational conflicts
- Discussions about parental authority, visitation arrangements, or cohabitation
Mediation
What is mediation? (Q&A)
What is the advantage over litigation?
Mediation is faster, cheaper, and preserves relationships.
Do I have to agree to everything?
No. Each party retains its independence and makes its own decisions.
Is it legally binding?
Only if the agreement is laid down in a contract.
How confidential is mediation?
Everything that is said or shared during mediation remains confidential and may not be used outside of the conversation without permission.
Is the result sustainable?
Yes. Because the parties come to a solution together, there is a greater chance that the agreement will be supported and work in the long term..
Can mediation help repair relationships?
Through open communication and respectful dialogue, misunderstandings can be cleared up and trust can be restored.
Mediation
How does a mediation process work?
Mediation on a voluntary basis
In the event of a conflict, the parties may choose to seek a solution together outside of court. Often, one party takes the initiative and proposes mediation to the other. It is essential that both parties are willing to proceed with mediation. If one party is reluctant, a mediator can help to convince them.
From a legal point of view, mediation can be proposed at any time—before, during, or after legal proceedings (Art. 1730 Ger. W.). The choice of mediator must be mutually agreed upon, which is crucial for successful mediation.
Mediation can be used in almost any type of conflict: business, professional, or within an organization.
Types of mediation:
- Judicial mediation: The judge orders mediation and appoints a certified mediator.
- Contractual mediation: Contracts may include a clause stipulating that mediation is mandatory in the event of a conflict. In this case, too, the parties must choose a mediator together.
Steps in a mediation process
Mediation follows a structured process, which usually consists of five steps:
Step 1 – Introductory meeting
The mediation process begins with an initial meeting in which the mediator listens to both parties and explains what mediation entails. Agreements are made about the process, the costs, and the necessary documents. The parties jointly formulate the goal of the mediation and demonstrate their willingness to resolve the conflict in this manner. This is recorded in a mediation protocol that both parties sign.
Step 2 – Information exchange and insight
Each party is given the opportunity to share their point of view and emotions. The mediator helps to distinguish misunderstandings and noise from the core of the conflict. Questions are asked about underlying interests until everything is on the table. If necessary, separate conversations are held, with confidentiality guaranteed. At the end of this step, the mediator identifies what has and has not been agreed upon.
Step 3 – Exploring possible solutions
The mediator encourages the parties to come up with different solutions and provides information about the legal framework. The options are then discussed on the basis of their advantages and disadvantages, with the aim of finding a solution that best serves the interests of both parties. The mediator does not give advice, but guides the process and asks specific questions.
Step 4 – Drafting the agreement
Once a clear direction has been established, the mediator will draft an agreement, taking into account legal, tax, financial, and personal aspects. Where necessary, specialized input from external experts will be sought.
Step 5 – G.O.O.D. mediation agreement
Once an agreement has been reached, it is recorded in a G.O.O.D. mediation agreement, which is signed by both parties and the mediator. If desired, lawyers can also sign. The agreement contains the mutual agreements to definitively resolve the dispute.
If no agreement is reached
Although mediation is successful in approximately 80% of cases, it is possible that the parties will not reach a (full) agreement. In that case, they can still opt for legal proceedings.
The steps described above apply to both voluntary and judicial mediation. In the latter case, the mediator reports to the court on the outcome of the mediation, after which the legal proceedings may be extended or continued.