I offer mediation as a good and proven way to manage conflicts without possibly long and expensive legal proceedings.
Mediation can achieve successful resolution in economically relevant conflicts between business partners, shareholders, project participants, intra- or inter-company conflicts, team or even neighborhood conflicts, or in conflicts between competitors, over the use of intellectual property or over payments.
Mediation can also be useful before conflicts arise, e.g. during contract negotiations or renegotiations.
A very large power imbalance between the parties usually makes success more difficult, but it is always possible.
What is the goal?
The goal is a binding agreement on future cooperation (or the orderly termination of cooperation). And this as a “win-win” solution and using the creative potential of the concrete conflict. The prospects for success are often good.
Who bears the costs?
As a rule, the parties shall bear their own costs in equal shares. The process is therefore also relatively inexpensive. This is true both in comparison to court proceedings and in comparison to poor or absent conflict management and, as a consequence, permanently smoldering or uncontrollably escalating conflicts.
What do I offer?
I am a trained mediator and experienced in my areas of expertise, also with regard to the matter to be settled. I am at your disposal if both parties are basically ready for mediation.
I offer to conduct the mediation process online, i.e. usually in online conferences using current software applications, but if necessary also in a purely written asynchronous “commuting” process. Procedure.
What is mediation anyway?
Commercial mediation is a form of alternative dispute resolution in which a neutral, “all-party” third party, the mediator, facilitates communication and negotiation between disputing parties to find a mutually acceptable solution to a dispute.
The modern mediation process has been successfully applied, researched and further developed internationally for decades.
While in a court case the outcome often sees a winner and a loser (“win-lose”), and a regular negotiated settlement typically ends in a compromise (“lose-lose” – both sides renounce), mediation is designed to enlarge the “pie”, the realm of possible interest realization, so that all parties get more out of it (“win-win”).
In mediation, the mediator does not have the authority to make a binding decision or impose a solution on the parties. Rather, the mediator’s role is to use specific mediation tools to help the parties identify and understand their interests in the specific case, explore and flesh out possible resolution options, and facilitate communication and negotiation to reach an agreement that is profitable for all parties.
One of the main benefits of commercial mediation is that the parties have more control over the outcome of the dispute, as they can work out a solution that meets their specific needs and concerns. And this – unlike in court proceedings – in camera. Mediation is also usually a faster and less expensive process than litigation, which can be time-consuming and costly.
For the success of business mediation, it is advantageous, but not mandatory, that the parties enter the process open and willing to compromise. The mediator works with the parties to create a safe and respectful conversational environment in which the parties can have honest and constructive discussions about the issues in dispute and work toward a mutually acceptable resolution.
What are the technical requirements?
All anyone needs is a stable Internet connection and a device with a camera and microphone running the Zoom app. Other applications can also be used if required. In particular, good sound quality (recording and playback) are crucial. Ideal, but not mandatory, are two monitors or two terminals (for the video conference and for the shared application, e.g. whiteboard).
What are the advantages and disadvantages of online mediation?
Online mediation has advantages over on-site mediation, such as a generally more streamlined and fact-oriented process. The lack of perceptibility of emotional nuances, which cannot be adequately captured with current communication technology, is occasionally perceived as a disadvantage. Experience has shown that this can be offset to some extent by a more structured approach to the conversation.
What is the process of mediation?
Mediation usually follows a 5-phase model: clarification of the assignment, collection of topics, positions and interests, collection and evaluation of solution options, and a final agreement. Read more here.
As your mediator, I am available to answer any questions you may have about the mediation process.