Another instrument of alternative dispute resolution (ADR) is mediation. In this procedure, which is not very formal but nevertheless structured, the parties themselves are to reach an amicable agreement in their dispute with the assistance of a mediator.
On the one hand, mediation procedures can be conducted out of court before a mediator. On the other hand, there is also the possibility to hear the matter in conciliation proceedings before a judge acting as a mediator who is not involved in the decision of the legal dispute later on.
The central point of the mediation procedure is the voluntary nature of its execution. Each party is free to terminate the mediation at any time during the procedure. The mediator has no decision-making power under any circumstances. Rather, his task is to help the parties with regard to communication and conduct of negotiations and to point out to them aspects in relation to their interests which are not only based on the applicable law.
In a mediation procedure, the parties are free to take into account and incorporate into a settlement agreement a variety of aspects that might not even be considered in a settlement before an ordinary court or an arbitral tribunal. Mediation is flexible and, like arbitration, confidential.
In our many years of practice as lawyers, we have represented clients in both in-court and out-of-court mediation and are therefore very familiar with the mechanisms of this form of alternative dispute resolution. We check for you whether your case is suitable for mediation at all and if so, which form of mediation should be chosen. We are also networked with a large number of mediators and will be happy to recommend the right mediator for your case to you.
If you are wondering whether your dispute can be settled by mediation, please do not hesitate to contact us.