Mediation
Before or during legal proceedings, there is a unique opportunity to reach an agreement. This is where the parties themselves write the “verdict”
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I have been certified as a mediator by the National Mediation Institute and the Bar Association. I have developed a passion for mediation to find solutions between conflicting parties.
The reason for that is simple: mediation allows parties to reach an agreement that is acceptable to them, making both sides (or more) winners in the case.
As a mediator who is also a lawyer, I will try to help you reach agreements. I will save valuable time, high costs, and the emotional strain that comes with managing a legal process. The mediation process is usually short, ending on the day it began or shortly thereafter. The possible solutions are flexible and creative compared to the dichotomous solution in a court ruling.
Let’s talk and see how I can assist you.
FAQ
What to pay attention to when choosing a mediator?
When choosing a mediator, the most critical thing is a proven track record of successful mediation. It’s essential to select a mediator who thoroughly understands the conflict area. This mediator can quickly identify possible solutions and ways to bring the parties closer together.
There are different types of mediators. Some are authoritative and practical, some have experience in adjudication, and others lead a process where solutions are proposed by the parties themselves.
The ideal mediator will combine process management with guidance for making optimal decisions for all parties involved. It’s important to choose a mediator who will lead to a fair and acceptable solution for everyone.
How should I act in mediation?
Since the mediation process is confidential and not presented in court, it is wise to proceed with caution and balance between two objectives:
On the one hand, it is critical to protect our interests and avoid disclosing unnecessary information that could be used against us later.
On the other hand, the confidentiality of the mediation process is intended to enable open dialogue and for the parties to examine whether it is possible to bridge their disputes and perhaps even avoid a long and exhausting legal process.
Therefore, my recommendation is to proceed with caution but also with a certain level of openness – to protect our interests while also honestly considering whether mutual understandings can be reached.
Is mediation worth it?
Because mediation is a more flexible process that allows both parties to reach a mutually agreeable compromise, I tend to recommend mediation before legal proceedings.
Expressing readiness for mediation signals to the judge that we are not “digging in our heels” but rather seeking a compromise. Additionally, successful mediation saves time, significant costs, and sometimes considerable frustration.
Furthermore, the mediation process allows us to receive honest feedback on our legal prospects from an unbiased external factor. Finally, mediation offers a much greater opportunity for creative and tailored solutions to our needs compared to restrictive court rulings.
What are the downside of mediation?
Like any other method, mediation also has its drawbacks.
Mediation may prolong cases with low financial significance. Additionally, mediation can prolong legal proceedings when one party engages in delaying tactics without the other side’s knowledge. It’s also worthwhile to note that mediation does not serve as a tool for fact-finding, which sometimes can only be clarified in court.
Is it possible to negotiate in mediation?
Negotiation is a process in which we aim to maximize our outcome with the smallest concession possible. Within the framework of mediation, this can also be achieved, as long as we are willing to engage in the process.
Firstly, do not disclose information or positions before thoroughly understanding the proposals at stake and their implications for you.
Secondly, do not agree to any decision on the spot unless it aligns with the scenario you planned for in advance.
Thirdly, make serious and respectful proposals. A successful negotiation is one where you give up certain things you were willing to forgo from the outset.
Lastly, negotiate patiently – listen four times more than you speak (the 20-80 principle). Respect the mediator but avoid unnecessary concessions that do not meet the scenario you prepared for.
