Alternative dispute resolution
Mediation
Mediation is for solution-oriented people who do not get stuck with problems, but look for what works for them - and for everyone else.
In a conflict situation, it's not just about settling the dispute. It's also about re-establishing communication between the parties and maintaining the future relationship, especially if they have children in common.
Mediation is a great way to resolve differences. It's an alternative dispute resolution process where the parties consider what the judge would decide in their case and what, in comparison, is a "good compromise" that they themselves could make now. This helps everyone feel like they've won as much as possible.
In mediation, the people involved are not looking to find who is at fault. They are not gathering evidence, but solutions.
If you and your partner are equally committed to sitting down with a neutral third party to guide the discussions towards a settlement, and you don't necessarily need legal advice because the focus is more on the practical and human details, mediation could be the right choice for you.
- mediation in family matters: recommended mainly for disputes over parental custody and contact.
- mediation in family cases with an international element: for example where a child has been unlawfully removed abroad and a Hague case could be initiated but a quicker solution is desired. It can also be useful in disputes between couples from different countries.
- mediation is available for any legal or interest dispute between the employee and the employer or between the heirs.
- mediation also plays an important role in business: in conflicts between business partners, partner companies, when the parties are looking for a quick and cost-effective solution.
Lawyer or mediator?
If there is a need to unravel the problematic relationship between the parties involved and clarify emotions to move the case forward, mediation is more effective than legal proceedings. However, when children or high-value assets are at stake, you must also be provided with legal information. The mediator cannot give legal advice. You do not want to decide on the fate of children or the division of high-value assets without knowing the legal background. In such cases, it is better to consult a family lawyer with a mediator's approach and a collaborative approach, or to instruct a lawyer besides the mediator, to accompany the process and draw up a contract to bring the parties to an agreement.
Mediation is a method that can help the parties to reach an agreement. The process is shaped by the needs of the parties and the specific circumstances of the case. The mediator's main role is to help the parties move towards a solution, find their own answers, their own long-term solutions.