through mediation and communication
Do you know, what „mediation“ means?
This concept signifies „facilitation“ and stands for a
- confidential and
means of conflict resolution; an alternative to court proceedings.
Every mediation is based on the idea that the parties
- know their situation better than any third person,
- are consequently born to judge whether and which solution best suits their needs,
- but are unable to reach an agreement because they are trapped in their dispute.
It is the – neutral – mediator’s task to reinitiate and accompany the communication process necessary to resolve the conflict.
Do you know the numerous advantages which mediation has compared to traditional court proceedings?
- does not know a winner or loser, but seeks to achieve the best solution for all parties involved („win-win“).
- lends itself to parties that need to cooperate or stay in contact also in the future.
- creates an additional option for compromise. If the mediation fails, the way to the courts remains open. The mediator has to insure that running deadlines are met and claims are not barred by statutory limitation periods.
- offers solutions not only for legal disputes, but also for purely personal differences. Mediation may, therefore, be used for any type of controversy irrespective of whether they are open for judicial settlement or not.
- is a forward-looking and open-ended means of conflict resolution. Bygones are bygones and are not attributed to either side. Outcomes are not pre-determined.
- guarantees a tailor-made solution because it is developed by the parties themselves according to their individual needs.
- usually causes less costs. Invoicing is not based on the value in dispute, but on the hours spent.
- protects business and other secrets, because the parties are bound by a confidentiality undertaking; even if the mediation fails.
- leaves room for supplemental and external advice to allow the parties an informed decision. If mutually agreed, lawyers, tax advisors, accounts and any other third parties (psychologists etc.) may participate in the mediation.
- leaves enough room for communication and emotions.
- is flexible with respect to timing and contents. The mediator sets no deadlines. The parties receive the time necessary to resolve their problems. Thus they retain complete control at any stage of the mediation over its contents and structure.
- leads to a higher degree of acceptance of the agreement reached, because it has been developed by the parties themselves.
- creates more satisfaction and thus leads to more sustainable solutions.
Invoicing is based on time spent. The hourly fee will be agreed upon prior to the commencement of the mediation.
Venue of the mediation
Successful mediations enable the parties to focus on the issues to be solved despite of all personal animosities. The conflicting parties’ perspective of the dispute changes. It is no longer important which positions they maintain, but which needs they have. It is easier to achieve this change of perspective in a private atmosphere off the beaten track of daily routine. That is why I offer conflict parties to conduct the mediation at any venue of their choice or, without additional costs, in the private atmosphere of my house in the Eifel; whether during the week or on weekends.
If you are not sure whether mediation is the right means of conflict resolution for you or if you have questions, I am available for a cost-free call or meeting.