Entrepreneurs look at mediation as an alternative approach to dispute resolution because…
…the costs, obstacles and potential setbacks that may be involved in legal proceedings are, among other factors, arguments in favour of out-of-court methods of dispute resolution.
“The belief that one’s own legal view is the only correct one is erroneous. The belief that judges interpret legislation objectively and in the only correct way and that they objectively see the relevant facts and circumstances is erroneous as well.”
(Zippelius, Rechtsphilosophie “Philosophy of Law”, Munich, 1994)
Mediation is a process in which parties come to agreement by mutual consent in structured negotiations with the support of a neutral third party. Mediation is able to bring a sustainable end to conflicts. In addition, mediation is often faster and less costly than legal proceedings. Dispute resolution with the support of a mediator can be more attractive and efficient than litigation. Particularly in cases, where high sums are in dispute. The mediator is under an obligation to be impartial in relation to the parties, and to maintain secrecy. Unlike a lawyer, a mediator does not represent the interests of one party. Unlike a judge, a mediator does not have any decision-making power.
Today, mediation is part of many family-law disputes (mediation in separation and divorce) and can also be found in business and public administration. If the mediator is a qualified lawyer, the additional added value is the required legal knowledge, which ensures that the solutions you have agreed upon will be turned into enforceable contracts.