Why mediation?
Mediations enable amicable agreements, even though they can never completely replace controversial proceedings. Through mediation, with the help of an independent and neutral mediator without decision-making authority, the parties can voluntarily, independently and amicably resolve conflicts through a structured and confidential procedure. The parties themselves have control over the mediation process in each phase. In contrast to state court proceedings or arbitration proceedings, you do not have to fear that a third party will make a decision against your will that you consider disadvantageous or that you will be pushed to a lazy compromise.
Mediation has considerable advantages over judicial proceedings in particular:
- Mediation enables cost savings.
- Mediation offers a quick and flexible solution, while legal proceedings can often drag on for years.
- Mediation ensures discretion. The procedure is of course not public.
- Mediation enables an interest-oriented solution to the conflict.
When does mediation make sense?
In principle, mediation can only be considered if both parties agree and a joint solution is sought. A mediation process can regulate and improve private relationships and also work relationships satisfactorily. Business relationships can be maintained. This is usually not the case in court proceedings due to the confrontational approach.
In the case of family matters and disputes, mediation is suitable, for example, if parents do not want to settle the conflict at the expense of their children and a consensual exercise of custody and contact is desired. Mediation can also help to keep the negative consequences of the separation for both parties as low as possible, both in terms of human, temporal and financial aspects. If the regulations worked out in mediation flow into a separation and the consequences of divorce agreement and are notarized, no second lawyer is required in the subsequent divorce proceedings.
In the following conflict situations, we support you as part of mediation
- Between companies (“B2B”)
- Between shareholders and management
- Between companies and their customers (“B2C”)
- After company acquisition (“post M&A”)
- Company restructuring / negotiations between companies and groups of creditors
- Separation and divorce mediation in the area of family law
- Succession in family businesses
- Disputes in communities of heirs