What does mediation mean and what is it about?
Section 1 paragraph 1 of the German Mediation Law (“MediationsG”) defines mediation as follows:
“Mediation is a confidential and structured process in which the parties strive, on a voluntary basis and autonomously, to achieve an amicable resolution of their conflict with the assistance of one or more mediators.”
This extrajudicial settlement procedure thus stresses the ideas of voluntariness and self-responsibility of the parties and primarily assigns the role of the process lead to the mediator.
In its 2nd paragraph of section 1, the MediationsG defines the mediator as follows:
“A mediator is an independent and impartial person without any decision-making power who guides the parties through the mediation.”
One of the main characteristics and most relevant difference to other settlement procedures will be the fact that the mediator is equally committed to all parties.
Even though the mediation law may not explicitly state so and refers to impartiality and neutrality of the mediator “only”, this refers to the principle of multipartiality.
In excess of the mere requirement of being neutral, the mediator shall be likewise available and facing all parties to the process.
Upsides of mediation
What are possible upsides of mediation?
- As already stated, mediation is based on the principle of voluntariness. Consequently, neither party may be forced to participate in any mediation and is entitled to terminate the mediation procedure at any time, see section 2, para 5 MediationsG.
- Besides, mediation is future-oriented and striving for maintaining and resumption of important (economical) relationships.
- Whilst the mediator will be responsible for the due execution of the mediation procedure in a structured way, the parties will mainly be developing the solution to their conflict on their own. Thereby the parties will be able to achieve a remarkable identification with the given result, leading to a long-lasting solution of the parties’ conflicts.
The mediation procedure itself as well the results captured in the final agreement will be fully subject to strict confidentiality. Thereby, a xxxxx will be created, enabling a good success of the meidiation procedure.
- Saving of resources
In many cases, mediation can prove to be an advantageous procedure, both time- and cost-wise. In case of complex disputes you should encounter for legal proceedings lasting for several months. In the course of a mediation, however, the conflict may already be settled within a couple of hours and days respectively. Speaking of costs, the mediation procedure will not be invoiced according to the value in dispute, but by the hourly rates of the mediator.
Not each and every conflict will be adequate for the execution of a mediation procedure. Together with you, we would like to check on a case-by-case-basis if your matter could be suitable for it. It will be our ambition to chose a taylor-made model for resolution in order to satisfy your needs of building a trustful (contractual) relationship for the future.