Mediation is a guided, structured process for conflict resolution. The scope of application begins where a conflict cannot be resolved without external help. Far too often, a court is involved as external help at this stage. However, court proceedings can be costly and, above all, take a very long time. But most importantly, they do not resolve the actual conflict, but give something to one party and not to the other. The relationship between the parties – let them be companies or individuals – then usually ends forever.
The goal of mediation is to create a balance between the interests of the parties as a whole. In doing so, we find it most important to first building up an understanding of the other party’s position through mutual exchange about the background to the conflict. Specific techniques are then used to search for possible solutions, which need not be limited to the conflict itself. The mediator does not intervene in the decision-making process, but merely supports the conflict parties in finding a solution by means of a structured approach. At the end, the results are fixed in a written agreement.
Our experience with mediation has been extremely positive. Once the parties agree to mediation – which is unfortunately still the biggest hurdle today – the probability of a successful outcome is extremely high.