Commercial and Business Mediation.

We support our clients in extrajudicial conflict resolution processes with our business mediation service in the case of internal company conflicts between:

• Employers and employees
• Employees and managers
• Fellow employees
• Employers and works committees

We also offer this service in the case of inter-company conflicts over:

• Supply and service performance
• Contract interpretation
• Communication and reconciliation
• Continuation and development of business relations

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According to the German Mediation Act passed on 26 July 2012 the bases of mediation are:

• Mediation is a confidential process in which the parties, assisted by a mediator, voluntarily and on their own responsibility aim to find a mutually satisfactory solution to their conflict. (German Mediation Act, § 1, clause 1)
• The mediator is an independent and neutral person without decision-making power who leads the parties concerned through the mediation. (German Mediation Act, § 1, clause 2)
• The mediator has the same obligation to all parties. (German Mediation Act, § 2, clause 2)
• The mediator may not be someone who has previously acted for one of the parties concerned regarding the matter subject to mediation. The mediator may also not act for one of the parties regarding the matter subject to mediation during or within the mediation process. (German Mediation Act, § 3, clause 2)
• The mediator and persons involved in the mediation remain obliged to maintain confidentiality; this obligation applies to everything that becomes known to them in the performance of their role. (German Mediation Act, § 4, clauses 1 and 2)

The appropriate tools of mediation are:

• Formal and structured leadership by the mediator
• The conclusion and upholding of agreements concerning the course of negotiations
• The identification of the interests of the parties concerned
• The use of communication techniques such as intervention techniques, conflict management, negotiation coordination, negotiation analysis and negotiation techniques
• The conclusion of an agreement that equally takes into account the interests of all parties

Contact:

Eckart Schulz, attorney at law and business mediator