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Business Mediation EN

Make peace with the enemy while you are on the way to court

was what people used to say even in Roman times. Admittedly, judicial dispute resolution still has many advantages today and will very likely develop further away from the paternalistic and toward the participatory approach in terms of its accessibility in the coming decades. Nevertheless, this path costs most stakeholders a lot of energy, time and also money, without allowing them to have a formative influence on resolution approaches throughout. This is one reason why the more individual, solution- and future-oriented out-of-court dispute resolution is gaining in importance. Another reason could be that while most conflicts can be dealt with independently and sustainably, there are of course situations in which one is at a loss (sometimes because of one’s own involvement) and would like external support. For complex, stressful to existential and/or very escalated problem situations, it has therefore proven useful to call in third parties as Mediators to visit. These support the people involved – currently because of their professionalism – in changing perspectives, opening up new ways of thinking and developing future-oriented solutions. Such mediation often takes the form of a Mediation on that:

  • represents a model of an out-of-court dispute resolution procedure,
  • in which a versatile, partisan third party without substantive decision-making authority supports the mediators in this,
  • independently develop legally binding and viable solutions that allow, among other things, the continuation of cooperation and simultaneous face-saving.

Such a third party, the mediator, strives for a confidential and creative climate of negotiation, a quasi third space in which he/she makes the participants aware of different perceptions of reality and enables them to access their own interests. These are all steps that serve to develop a common understanding of reality, to reach an understanding among the participants and to find a concrete solution to the conflict.

As a kind of side effect, the conflict parties gain the more often the possibility to strengthen their problem-solving ability also for the future, thus also to deal more constructively with their potentials and conflicts themselves. Sometimes also to escape a costly and time-consuming court case. Summa summarum Reduce costs through constructive communication. Vorausgesetzt, Provided that the conflict parties are willing to actively listen and participate in the solution. In the work context, it is important to emphasize the important role that managers and their contribution play in the emergence as well as constructive handling of conflicts. Therefore, they often have significantly intensive contact with the mediator, who also provides coaching support as needed.

In which disputes is mediation suitable?

Whether with B2B or Disputes between managers, teams and departments, but also in Families for example, against the background of a business succession or inheritance declaration, mediation is recommended when the parties are looking for an amicable solution created by them and still have some openness and willingness to cooperate. If, on the other hand, the relationship has completely broken down and neither “pay-pay” Readiness still “win-win” If a conflict is in sight, conflict coaching can be used to clarify the situation individually or moderation/mediation can be used to limit the damage.

Personally, I am active – in a national as well as in an international context, on an individual level and in large groups – in the following areas: Labor and business mediation | Mediation in the public sphere (politics and environmental mediation) and science (at colleges and universities) | Mediation in succession and inheritance. Sometimes these areas can only be blurredly separated. In a family business, for example, the parties involved are arguing against the background of a somewhat late succession, and in the process both the family issues (in them factual and relationship conflicts) and the economic and labor law issues to be clarified within the company are mixed up.

How does mediation work?

After receiving a call or message from you very briefly describing your concerns, I get back to you to find out what your specific request is, who is involved in the situation and since when, what attempts have already been made to deal with the conflict, how do you estimate its escalation, etc.? Subsequently, it is examined which format of support best suits the situation and how the approach of further parties involved can take place. Depending on the constellation of those involved, we arrange an offline or online appointment, clarify the prospects of success, the duration and financing of the process. Before we start this process, you will receive from me the Ethical code of the mediators as well as a Mediation contract, in which the principles of the process are described. These include in particular the: Confidentiality |Neutrality of the mediator | her versatile partiality | Openness to results and voluntariness to participate in a mediation process.

During a joint appointment we clarify with all parties involved exactly what should be achieved in this, which interests and concrete bottlenecks contribute to the conflict and which approaches to solutions can be developed. With my support, you will work out the solutions to your concerns, which will be incorporated into a mediation agreement of the form you desire. After about six weeks, we review in a joint meeting how this agreement has been implemented and whether anything needs to be readjusted.

Duration and cost of mediation

Depending on the level of escalation and the magnitude, business mediation, for example, lasts between one and two days, or several days in the case of long-lasting conflicts, and is carried out at different intervals. The hourly fee ranges between 420 und 270 Euro (plus VAT) and depends on the character of the situation and the financial situation of the client. For more complex concerns, daily rates are used and an individual offer is made after clarification of these. Do not hesitate to contact me in particularly difficult financial situations about possibilities of other contract arrangements. The costs of mediation are usually borne by the parties involved in equal shares, in the corporate context usually covered internally and more often provided for in the budgeting of cooperations | projects (cf. mediation clause).

Legal advice

Should it become clear during the initial meeting that the situation is rather unsuitable for the mediative framework, I will of course inform you of this and endeavor to make an adequate recommendation for you. Among other things, this applies to legal advice. Concentrating on an out-of-court solution of legal disputes and conflicts, I have put legal advice on the back burner and refer you, if necessary, to colleagues for whom high quality and professionalism are important.