Mediation

Professional mediation can offer advantages over going to court. While the parties are contradictory in front of courts or arbitral tribunals and in the end the respective arbitration body makes a decision, this is fundamentally different in mediation. A basic principle of mediation is the so-called “all partisanship”. The mediator does not side with one party and does not make a decision. Rather, it is the parties themselves who ideally find an amicable solution to their conflict through the “moderation” of the mediator.

 

Another aspect speaks in favor of mediation: it is not limited to the specific conflict that led the parties to the mediator. This is sometimes only the "tip of the iceberg" and often there are further points between the parties in the course of a mediation process that can also be settled. In ongoing business relationships, for example, it is quite possible that mediation not only solves the acute conflict, but also - in the open atmosphere of the mediation situation - addresses other issues and often even puts the cooperation on a new basis. In such a case, much more can come out of it than the parties initially thought - for the benefit of all.

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With patience, attentiveness and empathy, we carry out mediation in suitable circumstances. The participants leave their previous role as (contractual) parties and become creative problem solvers on their own behalf. However, some circumstances are not suitable for mediation, so that a legal dispute is the method of choice. In any case, before going to court, it is worth considering whether a mediation process is an option to resolve the conflict. If this is not the case, STELZNER legal. is ready with proven experience in litigation.