Mediation: Resolving conflicts in a professional manner

Mediation can be an effective way to settle conflicts in a professional manner, since it allows the fundamental needs of the respective parties to be explored and weighed. In many cases, relations between the opposing parties have hardened to the point that having the matter adjudicated in court will not necessarily produce a result satisfactory to either side. This is where mediation comes in: You and your antagonists will have the opportunity to discuss the dispute at a neutral location in the presence of an impartial mediator, so as to work out a mutually acceptable solution.

  • A fair settlement that protects your interests;
  • Strict confidentiality;
  • Personal attention;
  • High success ratios;
  • Solutions found by the parties themselves;
  • Solutions above and beyond those a court can achieve.

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Mediation in corporate law

Mediation is a systematic procedure used to achieve conflict resolution. The parties to mediation meet with one another on a voluntary basis. They are open for any potential outcome of the mediation and take part in these proceedings under their own responsibility and imitative. All participants are fully briefed on the process in advance. The mediator will work with the parties as an impartial outsider. After an initial fact-finding process performed jointly by the parties, the mediation will focus on identifying their respective interests. This information then becomes the basis for joint brainstorming efforts to arrive at possible solutions that can then be translated into a workable settlement agreement.

The consequence of proceeding in this way is that the parties to mediation will seek an answer to their problem in an autonomous, proactive manner, rather than having a solution imposed on them by a judge or some other party. The solutions reached in this manner are often far more acceptable to all concerned than ones dictated from by others.

Traditionally, the mediation process follows a five-step model. After concluding a mediation agreement, the parties marshal the topics which they wish to discuss. The parties then work out and elucidate their respective interests in relation to these various topics, and subsequently put together approaches for a solution together with the mediator. The ultimate goal is to arrive at a meeting of the minds and to settle the matter by mutual agreement.

Particularly in disputes involving corporate law, this sequence of steps will ensure that all topics near and dear to each party are brought up for open discussion before the mediator. In this way, it is warranted that all problems are tackled and resolved in a single package, without the need for numerous, separate procedures. This makes mediation a particularly efficient approach to dealing with disputes involving corporate law, especially those arising among shareholders.

Mediation in other types of cases

Whenever one works or lives together with others – be they other shareholders, spouses or partners, neighbors, colleagues, employers or friends – there will always be the risk of running into a number of conflict situations. If these disagreements are not resolved promptly, the resulting “wall of silence” may well lead to even greater conflict. Sooner or later, the parties’ differences will break out into the open and lead to a rupture. This is where mediation can help find a way out, since it gives the parties a chance to find ways toward a fair and acceptable settlement of the conflict under the guidance of the mediator. This in turn defuses hostilities and ultimately improves everyone’s quality of life.

Testimonials from some of our clients:

Christian S.

Thanks for your highly competent and extremely expeditious help in tackling the issues of my company!

Anton M.

My recommendation is definitely a heartfelt one! The service was invariably competent and sure-footed, right from our very first meeting regarding a dispute among managing directors all the way to the final closure!
I wholeheartedly recommend Ms. Kollmorgen and her law firm!

Andreas W.

Many thanks for your good advice in corporate law matters. This was a big help to me…

Maria K.

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