Out-of-court and rapid conflict resolution
The issues addressed in mediation are omnipresent in everyday life. Conflicts arise everywhere and every day when different people with different interests and needs come together. In the private sphere, differences of opinion often arise in disputes within the family or inheritance disputes. In the business world, disputes can arise at the company level between shareholders, at the hierarchical level between supervisors and employees, or within a level between employees themselves. In addition, disputes often arise in the context of succession planning within the company or in the context of customer relationships.
Conflicts usually cost those involved a lot of time, patience and nerves, and are often quite expensive.
Often, the parties to a conflict see going to court as their only option. However, in court, only one party wins – if at all – and it is usually uncertain and impossible to predict who that will be. The background to the dispute is neither examined nor resolved.
By appointing a mediator, you create opportunities to resolve conflicts quickly, efficiently and in a manner tailored to your individual needs. The mediation process is a genuine alternative to time-consuming and costly court proceedings, as it allows the parties to find a solution to their problem on their own terms.
What is mediation?
Mediation is an out-of-court, legally regulated and structured conflict resolution procedure in which the parties voluntarily and independently seek an amicable settlement of the conflict with the help of an independent and impartial mediator.
The aim of mediation is to achieve a win-win solution: instead of a decision being made by a third party, you work together with the other party under the guidance of a neutral third party, the mediator, to find a solution that suits both of you. The interests and needs of the people involved are considered and worked out so that mutual understanding can develop without neglecting or putting aside your own concerns. This solution is then set out in a binding, forward-looking agreement – out of court and without legal recourse.
Who can benefit from mediation?
We can say from experience that, in principle, all conflicts can be mediated, even in cases where the atmosphere is extremely tense due to significant differences, hurt feelings and various incidents, and where an amicable agreement seems impossible at first glance.
Mediation is particularly useful when:
- there is no longer any progress between the parties, discussions are going round in circles, or clear and productive communication is no longer possible
- the disputes are very complex and confusing there is no longer any clarity
- the conflict is highly emotional
- future contact or cooperation cannot or should not be avoided, and it is therefore important to maintain relations
- a quick and unbureaucratic solution is to be found
- the greatest possible confidentiality is to be maintained
- the (conflict) costs are to be kept low
Mediation is not advisable if the parties are not willing to participate in mediation. In this case, however, it may be advisable for only one party to seek unilateral counselling in order to work out how to deal with the dispute in the future. Of course, mediation is not a panacea. The parties must participate in mediation voluntarily and on their own responsibility. There should also be a fundamental willingness to reach an agreement. If these conditions are met, there is nothing to prevent an individual solution from being found in the mediation process.
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