MEDIATION, WHAT & WHY?
What is „Mediation“?
The mediator creates the framework that enables the parties to enter a solution oriented dialogue. The mediator secures the structure of the discussion to that the parties resolve together the conflict.
For lawyers mediation is an extra opportunity to assist their clients.
- Each mediation is voluntary, also the legal mediations.
- Each party can at each moment leave the negotiationtable without any harm for his position.
- The parties must cooperate in a constructive way towards a solution.
- If the mediator is confronted with any party opposed to the mediation, he can stop immediately the mediation.
- Any detail that comes up during the mediation process is confidential and cannot be used in eventual later legal procedures. This guarantees great flexibility.
- Existing documents preceding the mediation remain confidential.
Independent, impartial and neutral mediator
- The mediator may not be influenced by the participants or third parties.
- The mediator has no judgment or preference towards any party.
- The mediator is not steering the solution, yet actively supports the parties towards a solution.
Conflict solution in own hands
- By choosing mediation the conflicting parties keepsthe solution in own hands and are not depending on an external judgment (Judge).
- It creates alarge acceptance of the solution and an unprompted execution of the agreement.
- Once a mediated agreement is reached between the parties, a formal settlement is signed by all, including the mediator.
- A simple legal procedure this settlement is converted into an enforceable title.
Cost and time efficient
- In a classical judicial procedure the parties have no clear view on the final cost and timetable. which may last many years. A mediation process takes maximum a few months, with a cost significantly less compared with a legal case, also split between the parties.