NEW PATHSTO TAKE
Every conflict is solvable
Good negotiation means making smart decisions together.
Finding shared solutions
HOW YOU HANDLE CHALLENGES AND CONFLICTS MAKES ALL THE DIFFERENCE
Wherever people are economically active and pursuing their ideas, difficult situations arise. How you handle them changes everything.
As your mediator I guide you through every critical phase of the conflict, from first understanding to final decision, commercially and legally.
15 minutes · free · no obligation
Taking influence
MEDIATION INSTEAD OF COURT
A structured, constructive approach to conflict is essential for economically sound solutions.
This applies at every stage of business activity, from the earliest days of a new venture, through commercial disputes, to the possible dissolution of a business relationship.
The professional, guided exchange in a mediation process makes it possible to find and shape solutions that create value. The economic and contractual implementation is tailored individually. The parties benefit in many ways from the outcomes reached.
Choosing the better path
WHAT A MODERATED NEGOTIATION CHANGES.
- An out-of-court agreement becomes possible where it previously seemed unimaginable.
- The outcomes are tailored and take all individual circumstances into account.
- Follow-on damage on a personal and economic level is minimised. Accumulated strain is resolved quickly.
15 minutes · free · no obligation
FREQUENTLY ASKED QUESTIONS
We've collected the most common questions about mediation proceedings.
How does a mediation work?
Once the parties have agreed to a moderation or mediation, the mediator leads them through the process, both in terms of content and organisation.
First, session dates are coordinated and scheduled, either in person or via online conference.
During the sessions that follow, the mediator ensures effective, goal-oriented communication and guides the negotiations. She intervenes when negotiations stall, leads through difficult phases of the conversation and steers the parties towards an optimal resolution.
Throughout the proceedings, confidential one-to-one conversations are possible at any time.
Once the parties have agreed on a final settlement, it is drafted to be legally binding and signed.
The mediator supports and accompanies the parties after the proceedings as they implement the agreement.
Can a mediation also start during ongoing court proceedings?
An out-of-court mediation is possible even during ongoing court proceedings. Court-adjacent mediation triggers a pause in the proceedings and is explicitly provided for in § 278a of the German Code of Civil Procedure (ZPO). If it leads to an agreement, the settlement is either entered into the court process as a settlement, the claim is withdrawn or the proceedings are declared resolved.
What role does a mediator play?
The mediator is impartial and does not act as legal, tax or strategic counsel for the parties. It is up to the parties and their advisors to assess whether and to what extent involving their legal or tax counsel is useful and beneficial. In most cases occasional legal advice during the mediation is sufficient; complex disputes may require continuous accompaniment of the negotiations and the search for a solution.
Are all conversations treated confidentially?
Mediation is confidential. The mediator's and their assistants' duty of confidentiality is regulated in § 4 of the German Mediation Act. The mediator has the right to refuse to give evidence in court. The provision does not, however, cover the mediation parties themselves. At the start of mediation the parties therefore agree whether and, if so, whom they will inform about the content and outcome of the mediation. The parties also agree a bilateral confidentiality obligation. Such an agreement can specifically state that the information may not be made the subject of subsequent court proceedings. Breaches of these agreements can result in injunctive and damages claims as well as contractual penalties.
What does a mediation cost?
Mediation is typically billed at an hourly rate agreed in a fee arrangement. The parties decide how the fee is split between them, most often equally. Any fees of the respective legal counsel are additional. In some cases legal expenses insurance covers the cost of a mediation.
How long does a mediation take?
Individual mediation sessions typically last between two and eight hours. The overall duration of a mediation varies depending on the nature and complexity of the conflict and the issues to be addressed. As a rule, significant progress can be achieved within just a few sessions.
