Areas of expertise - Mediation

The Mediator is an intermediary between parties in conflict. Within the framework of the mediation with the help of the Mediator, they find a way themselves to a mutually agreeable and legally binding conflict resolution.

The Mediator supports the conflict parties in the recognition and development of their own common interests. As a second step, a consensus is sought based on these common interests, which optimally takes account of the respective individual interests. Thus the antagonists are transformed into conflict partners. The participants decide for themselves which of the Mediator's proposed paths to a solution of the conflict they will follow.

Within the framework of mediation, a lawyer can perceive two distinct functions. Either he acts as Mediator, that is, as neutral conflict intermediary, or he appears as personal adviser and representative of one party.

Mediation is established in Family Law and Labour Law. However it is now increasingly gaining importance in Business Law. Conflicts arising within the area of Business Law are particularly suited for solution by the mediation process when they arise out of long-term relationships, the interests of the parties are more important than their legal rights, and there is no substantial imbalance of power between the parties.

The term Mediator is not copyrighted, and there is no standard training. However, DIRO also regards it as important to deliver a high standard in this area . Thus the DIRO Mediators undergo a special training under the scientific leadership of Professor Horst Eidenmüller, University of Munich, Chair of Civil Law, German, European and International Business Law, Co-Director of the Institute for International Business Law, and Founder and Director of the Centre for Negotiation and Mediation.

The advantages of Mediation are particularly:

• The conflict is not decided by a third party, but by the parties themselves.
• The parties bargain between themselves, and thereby have better control over the result.
• Because the interests of the parties are the central focus, the Mediation leads to high satisfaction of the parties with the results.
• Mediation is as a rule substantially less expensive than court proceedings, particularly when these result in multiple trials.
• Mediation is considerably quicker than litigation.