"We look for a personal working relationship and closeness to our clients. We are convinced that the best solutions can only be achieved by working together."
Competences Kanzlei Schiedermair
Prozessführung und alternative Verfahren der Konfliktlösung

Mediation

What is Mediation?

Mediation means to conciliate.

Mediation is an out-of-court form of conflict resolution with the aim of finding a mutually beneficial solution for the purpose of settling disputes. In a confidential and structured proceeding, the parties to the conflict work out an amicable and future-oriented solution under the guidance of a neutral third party, the mediator, in which, ideally, more comes out for everyone than in a simple settlement agreement or a court ruling. For the mediator, respect for the wishes of the conflict parties and the appreciation of their interests as well as the equal perception of the views of all participants play a decisive role. At the end of the mediation proceeding, there is a final agreement drawn up jointly and accompanied by the mediator. Before signing the final agreement, each party has the opportunity to have it reviewed by e.g. an attorney-at-law for legal, tax or other purposes.

Why Mediation?

There are many good reasons for conducting a mediation proceeding.

The focus is on the endeavor to bring about an amicable solution to the conflict in an efficient and cost-effective manner that is profitable for all parties (so-called "win-win" solution).

Lengthy court proceedings can be avoided or shortened; long-standing contacts of business partners, colleagues or family members, for example, are spared and preserved. The mediation proceeding allows the parties to agree to absolute secrecy among themselves; the mediator is bound to secrecy anyway. However, mediation does not exclude the possibility of subsequent legal proceedings.

When Mediation?

A mediation proceeding offers itself in many areas of life and law.

Where legal relationships are naturally closely interwoven with personal interests, mediation has its traditional strengths; these include family conflicts such as separation and/or divorce (family mediation), succession arrangements or inheritance disputes (inheritance mediation), school matters or conflicts between friends or neighbors.

In addition, mediation has long been successfully established in general business life (business mediation). There it is suitable e.g. for the clarification of shareholder disputes, intra-company disputes, in complex construction matters as well as in connection with intellectual property rights.

How long Mediation?

Mediation regularly enables a conflict to be settled much more quickly and consequently more inexpensively than, for example, in a court proceeding. Mediation lasts on average three to five sessions and one session usually two to four hours. Ultimately, however, each mediation is an individual case and the actual duration of the proceeding depends solely on the needs of the parties involved and on the complexity or scope of the conflict issues.

Limited conflicts with only a few points of interest can also be resolved within the framework of a so-called short-term mediation that is usually concluded after only one or two meetings. By means of mediation, partial areas of a complex conflict can also be settled separately in advance or in the course of an ongoing process in order to clear the way for court proceedings or a (judicial) settlement. In very complex situations and in certain case constellations, it is advisable to consult a co-mediator.

How much is Mediation?

The costs of a mediation proceeding are charged according to the time spent and are usually borne by all parties mutually. Deviating agreements are of course possible.

Where Mediation?

In case of interest, please do not hesitate to contact us to arrange an initial meeting.

Lothar Thür

Christoph M. Tegel

Stephanie G. Hartung, LL.M. (USA)