Business mediation

Mediation is an alternative out-of-court method of conflict resolution by negotiation. In the ideal case, mediation ends in an win-win solution for all parties. At present , mediation is usually conducted by lawyers and psychologists, but tax advisers are increasingly becoming involved in this field, and their experience and expert knowledge are equally suited to it. Mediation proceedings are voluntary proceedings in which the opposing parties can work out a solution oriented to their interests on their own responsibility with the assistance of a neutral third party, the mediator.

Voluntary means that the parties are entitled to withdraw from the proceedings at any time. The parties are responsible for the contents of the proceedings; they make all decisions jointly. The mediator has no power to make substantive decisions, but is merely responsible for conducting the proceedings. In the last instance, this means that the parties develop the solution themselves.

The mediation process is based on a multi-stage model (work alliance - evaluating the situation - identification of interests - solution - conclusion), the paramount aim of which is a structured and comprehensive clarification of the interests of the parties and possible solutions. The focus is unequivocally on the parties' interests, which often lie deep below the positons superficially presented by the parties. The central element of the proceedings ist establishing these true interests.

In addition to contucting the proceedings through the various stages, the main duties of the mediator are guaranteeing understanding through active listening and visualising the stages in the process.