FREQUENTLY ASKED QUESTIONS - FAQ
Please feel free to contact us with your questions at any time.
WHAT IS MEDIATION?
Mediation is a structured procedure for the out-of-court, sustainable settlement of a conflict. The Latin “mediatio” stands for “mediation”.
Independent and “impartial” third parties, mediators, accompany the conflicting parties in their resolution process. In a forward-looking dialog, the conflicting parties strive to reach a joint agreement that meets their needs and interests.
As an impartial third party, the mediator does not make any decisions of their own regarding the conflict, but is essentially responsible for a goal-oriented process.
He or she ensures that the negotiation is effective, that the discussion remains focused and that the essential facts and motives are expressed and heard. The parties to the conflict are supported in thinking in terms of solutions and developing new options.
Mediation is a voluntary and confidential process. This means that the parties involved can withdraw at any time. Shared information “stays in the room”, as all participants undertake to maintain strict confidentiality.
HOW DOES MEDIATION DIFFER FROM OTHER PROCEDURES?
The clearest differences can be highlighted between mediation and court proceedings. While court proceedings are considered to be externally determined, the parties involved in mediation remain self-determined. Whereas in court the focus is clearly on written exchanges, in mediation the parties speak to each other directly. Judgments are often handed down “from above”, whereas mediation results are negotiated “at eye level”.
Another difference is that a court's verdict is often just a rejection or approval with the typical “win-lose” outcome. Mediation is about achieving a “win-win”, i.e. a result that is in the interests of all sides.
Furthermore, unlike court proceedings, mediation is a confidential process. It is generally much quicker and more sustainable than lengthy and costly court proceedings.
Unlike in arbitration, the mediator does not impose a solution. Instead, the mediator supports the parties in finding a solution and helps with the final documentation.
FAQ
WHAT ARE THE SPECIAL BENEFITS OF MEDIATION?
Mediation should be considered if the relationship between the conflicting parties (business relationship, working relationship, family relationship, etc.) is to be maintained or promoted despite the dispute. A court ruling can be counterproductive, as it often produces winners and losers and can therefore damage the relationship.
Whenever the parties involved want to look to the future and seek viable solutions, mediation offers a structured process to achieve just that.
If the conflict situation is to be dealt with in a confidential setting, without an audience and without the press (such as in court), then mediation offers the right procedure: all parties involved are strictly bound to confidentiality.
Where a dispute cannot be resolved solely by answering legal questions and simply working through the facts, but also affects the deeper interests and needs of the parties involved, the mediation phase model provides the ideal framework.
Anyone seeking to resolve a conflict quickly and cost-effectively should consider mediation. Unlike time-consuming and costly court proceedings and unlike “sitting out” a dispute, the mediating parties can usually find a solution within a few sessions and sometimes without further legal support.
If the parties involved want to rely on a promising dispute resolution procedure, mediation is a tried and tested option with a success rate of over 80%.
HOW DOES MEDIATION ACTUALLY WORK?
Mediations follow a clearly structured process. This ensures that the process is focused, efficient and leads to a solution that is acceptable to all parties in a timely manner.
Even if individual mediations differ from one another with regard to various elements (e.g. complexity of the conflict, number of parties involved, number of individual conflict issues, degree of creativity and cooperation of all parties involved in agreeing solutions), they usually follow the same six-phase process model (according to Lis Ripke) to ensure high quality.
Preliminary discussion and clarification of the mandate - we listen to you: who is involved in the conflict, what conflict exists; we discuss the costs and duration of the mediation, willingness to participate voluntarily, quality guarantees, etc.
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Collection of topics and working alliance - incl. written agreement on confidentiality
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Conflict management - by collecting the facts, interests, needs and backgrounds
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Search for amicable solutions - options that are close at hand and those with vision - here the mediator provides support using special methods and in particular on the basis of the Harvard concept
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Binding agreement - serves to record and sign the solutions supported by all participants in writing at the end of the mediation.
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Debriefing - can help to review the agreement together a few months after its conclusion to see whether it is fulfilling its purpose or whether it needs to be improved in certain areas.
WHAT DOES MEDIATION COST?
The remuneration for the services provided during mediation is based on a number of criteria (value, complexity, time spent) and is agreed in writing with all parties to the conflict at the beginning of the process.
The remuneration is usually split between the parties to a mediation, unless it is commissioned by a company or organization. As a rule, this organization then bears the costs agreed in advance.
If you have legal expenses insurance, your existing insurance may cover the costs of conflict resolution. Insurance companies are aware that in most cases mediation is much cheaper than court proceedings, for example. This is why insurance companies actively advertise that they cover the costs of mediation.
IN WHICH AREAS IS MEDIATION USEFUL?
In the professional environment:
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Mediation in disputes within and between companies, foundations, associations, authorities and organizations,
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in company successions and other M&A transactions, business succession (professional/private), neighbor/environmental disputes (private/public), to name just a few examples.
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between family entrepreneurs, in the family office / family desk, between shareholders and practice partners
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at C-level: in or between supervisory boards, executive boards, management and directorates, in the context of company or collective co-determination, when setting up or separating joint practices, law firms and family businesses
In the private sphere: Mediation in disputes in the areas of care, sibling issues, inheritance, wills and generations, communities of heirs, succession issues, planning and construction; family mediation in the context of marriage, separation, divorce, child rearing, youth
In the public sector: Mediation in conflicts in the areas of planning, construction & environment; schools & education
In the hybrid environment: Family business (private/professional)
HOW LONG DOES MEDIATION LAST AND HOW OFTEN DO YOU MEET?
The total duration of a mediation and the number of individual sessions depends largely on the details of the specific conflict and the cooperation of the parties involved.
The complexity of the conflict, the number of parties involved, the number of individual conflict issues and the creativity and respective willingness to cooperate in agreeing solutions play a central role.
In simple cases, 2 to 3 sessions of 1.5 to 2 hours each are sufficient. This ensures that mediation can lead very effectively to sustainable solutions in a reasonable amount of time.
DO I HAVE TO OR AM I ALLOWED TO CONSULT MY OWN LAWYERS OR ADVISORS?
The parties involved in the mediation sessions usually manage without the involvement of lawyers. This also reflects the impartiality of the mediator, who keeps a watchful eye on everyone's interests.
Nevertheless, the parties involved can - if all agree - call in their respective lawyers, tax advisors or other experts. These will then also be bound to confidentiality.
If, as usual, mediation leads to written agreements at the end of the process, these can be reviewed by external experts. From a certain level of complexity, this is also highly recommended.
WHAT DOES AN INITIAL CONSULTATION COST?
Your initial consultation with us is free of charge and non-binding.
Only in the event that you instruct us in writing to conduct a mediation following the initial consultation will we charge you for the expenses incurred during the initial consultation.
You are welcome to contact us by telephone for an informal initial meeting. In this meeting, we will give you an initial assessment of your conflict.
As part of the - non-binding - initial assessment, we can also discuss the time and financial framework within which mediation in your case would probably take place.
Please contact us directly.