Commercial Mediation
The intelligent conflict solution
Some conflicts are annoying, others take on threatening proportions. In all cases, the question arises how much energy, time and money should be spent on dealing with such a conflict. Mediation is a fast, cost-efficient and very effective way to resolve the conflict.
One process, many advantages:
Mediation proceedings are fast.
As there is no need to wait months for court hearings, mediation proceedings can begin within a few days. And not only that, the parties to the conflict usually reach a joint solution in just one day.
Mediation procedures are individual.
It is not someone else who makes a decision regarding the conflict, but rather both parties determine what the solution will be. A clear advantage, because nobody knows the respective interests as well as the parties themselves.
Mediation proceedings are confidential.
Everything discussed in the proceedings is subject to secrecy. Even if mediation fails, the content cannot be used against a conflict partner. Therefore, mediation proceedings make it possible, to discuss exactly what is really important for a solution. And nothing of it will get out.
Mediation proceedings are successful.
The numbers speak for themselves: more than 80 percent of the proceedings lead to an amicable solution of the conflict. This not only solves the conflict itself, but often also creates the basis for a sustainable future. 89 percent of the parties to a mediation proceeding would choose this path again in a new conflict.
Mediation procedures are cost-effective.
The costs of mediation proceedings are usually considerably lower than those of court proceedings. Not to mention the fact that a quickly resolved conflict no longer costs further attention and energy.
Further information:
Information on mediation proceedings for clients can be found here.
Information on mediation procedures for their party solicitors can be found here.
The German Arbitration Institute's (DIS) Arbitration Rules can be found here.
Contact
+49 (0) 40 357 662 0
Volkhard Neumann
neumann@hanselaw.de
Gritt Gräwe
graewe@hanselaw.de
You can find out more about mediation procedures here on our special mediation page.
Good choice
Mediation is particularly useful in the following cases:
Specific situations in which mediation is appropriate:
Contact
+49 (0) 40 357 662 0
Volkhard Neumann
neumann@hanselaw.de
Gritt Gräwe
graewe@hanselaw.de
If you wish to conduct a mediation procedure, contact one of our three business mediators to clarify whether mediation is appropriate in your individual case.
If so, we will talk to the other party – and invite them to a mediation procedure with you.
If the other side agrees, there are only a few more steps before an agreement between the two parties is concluded:
The conduct of a mediation procedure does not in fact require the parties to be at war with one another. Holding an early joint discussion for the parties with the presence of a mediator is also a way to defuse a conflict at an early stage.
Contact
+49 (0) 40 357 662 0
Volkhard Neumann
neumann@hanselaw.de
Gritt Gräwe
graewe@hanselaw.de
Prevention in good times
Experience shows that once a conflict escalates, the conflicting parties can no longer agree on anything – not even on an effective procedure to solve the dispute quickly.
Mediation not legal action
If a partnership, employment or service agreement contains a mediation clause from the outset, the parties are bound by it in the event of a dispute – and must conduct a mediation procedure before they start a lawsuit. Around 80 percent of cases are solved quickly and silently – and long and expensive legal disputes are avoided.
Incorporating mediation clauses
Putting such mandatory clauses in all contracts during good times is easy and legally binding: On the one hand, it is important that the mediation clause clearly and unambiguously stipulates how the mediation procedure is to be initiated and how a mediator is to be selected (selection of the rules of procedure). Second, it must be clear from this that a lawsuit is only admissible after mediation proceedings have been conducted, and that legal time limits for action must be observed. There are particularities to be observed here, which we would be pleased to inform you about.
Doing the convincing
If a contract does not contain a mediation clause, you should try to convince the other party of a mediation procedure: the worst that can happen is that the other side says no. But if it agrees, you are a big step closer to resolving the conflict. Arguments to convince the other party can be found on our website.
Contact
+49 (0) 40 357 662 0
Volkhard Neumann
neumann@hanselaw.de
Gritt Gräwe
graewe@hanselaw.de
The cost-effective alternative
The costs of mediation depend on the complexity and duration of the process.
Usually we agree hourly rates between 200 and 350 Euro plus sales tax, alternatively daily rates can be agreed. Daily rates are also agreed in advance with the parties – a partial amount is then paid in advance.
Possible room costs for a suitable venue or the mediator's travel expense will be invoiced separately.
Contact
+49 (0) 40 357 662 0
Volkhard Neumann
neumann@hanselaw.de
Gritt Gräwe
graewe@hanselaw.de
You can find out more about here.
Partner
Solicitor
Business Mediator, Mediator BM®
Specialist Solicitor for Tax Law
Specialist Solicitor for Banking and Capital Market Law
