What does mediation mean and what is it about?
§1 (2) of the German Law on Mediation (‘MediationsG’) defines mediation as a confidential and structured procedure, guided by one or more mediators, with the goal to find a friendly settlement in a free and independent manner.
This out-of-court procedure puts the voluntary nature and independency of the parties in focus and constitutes the role of the mediator as a guide.
§1 (2) of the German Law on Mediation defines Mediator as an independent and neutral person without any decision-making authority, which guides the parties through the mediation.
The most significant difference to other dispute resolution procedures lies upon the equal responsibility of the mediator towards both parties.
Even if the Law on Mediators does not explicitly mention the above said, the principle of multipartiality is obvious.
This shows that the Mediator is not merely subject to the principle of neutrality, but rather turns his attention to both parties equally.
Benefits of Mediation
What are possible benefits of a mediation procedure?
- As mentioned above, mediation is based on the principle of voluntariness. None of the parties are forced to participate in a mediation and may at all times terminate a meditation, §2 (5) of the German Law on Mediation.
- Also, a mediation works future oriented to maintain a relationship between parties.
- The mediator is responsible for a structured implementation of the procedure, meanwhile the parties are seeking the solution on their own. Thus, the parties can identify themselves with the solution.
- Confidentiality: The mediation is confidential. Its goal is to maintain a secure environment in order to create a comfortable working space.
- Resource-saving: The mediation is characterized by its financial and time-saving advantages. Especially in complex disputes, procedures before court take months. With a mediation, the same dispute may be solved within hours or days.
- Also, the mediation procedure costs are not based on the dispute value, but on the hourly effort of the mediator.
Not every conflict is meant to be solved through mediation. We will consult you individually, if your dispute is suitable for mediation.
Our Senior Associate Christian Marquardt is an independent mediator. For further information visit www.marquardt-mediation.de.
+49 (0) 40 6364550-0