Lasting Cooperations

Mediation allows key elements of a conflict to be discussed and agreed upon in fast-track proceedings. In Germany, mediation is a dispute resolution procedure with very few structural requirements. Among other things, this means that appointments can be made at any time. For example, appointments can also be made on weekends or public holidays. In addition, the duration of an appointment and the interval between two appointments can be tailored to the wishes and requirements of the parties to the conflict. Furthermore, in cross-border conflicts, it is usually possible to avoid having to agree on the underlying jurisdiction of which country. This usually leads to a significant time advantage over other dispute resolution procedures.

Mediation is a future-oriented process for resolving disputes. It focuses on interests rather than positions. In a dispute over the fulfilment of a supply contract, for example, the interests of the purchaser of the goods could be to protect their reputation vis-à-vis their own end consumers or to take advantage of market opportunities. On the supplier’s side, the interests could be financial resources to avoid liquidity bottlenecks (e.g. for machine maintenance or purchases of primary raw materials) or reasons for good marketing (e.g. that company X has always been satisfied with the goods). In contrast to positions such as ‘poor quality’, ‘insufficient sales’, etc., these interests can be used to resolve the current challenges facing the parties to the conflict.