
What is Mediation?
Mediation is a voluntary, out-of-court, non-public dispute resolution process in which the parties themselves develop a mutually agreeable solution to their conflict with the help of an independent neutral third party, the mediator.
Mediation is not oriented towards laws and legal claims, mediation is rather oriented towards your interests, ideas and goals. In mediation, disputes are not settled solely by legal assessment of what has happened, but by strategic and interest-oriented development of possible solutions for the future. In mediation, a court does not judge your dispute, but you shape the solution yourself. The mediator has a supporting, moderating and structuring function.
Mediation is therefore an opportunity to find the best possible solution for you.
Application areas – Economy
- public administration
- industrial property protection
- insolvency
- international affairs
- internal personnel matters
- family
- inheritance law
- school
Advantages of mediation
- Planning security
- Planning reliability
- Time saving
- Preservation of relationships
- Improvement of the working atmosphere
- Voluntariness
- Confidentiality
- Own decision-making power
- Cost savings
Procedural principles
- Voluntariness of the procedure
- Party-determined procedure and party-determined solutions
- Informedness and openness of all participants
- Neutrality, impartiality of the mediator
- Confidentiality
- Openness to results
Procedure
Mediation is usually divided into 5 phases.
- Opening
- Stocktaking, determination of the factual and legal situation, collection of topics
- Development of interests
- Search for ideas to solve the problem
- Result and final agreement