Mediation

in private legal and mediation practice Petra Krauß

in private legal and mediation practice Petra Krauß

Mediation is a procedure for resolving disputes or conflicts with the help of a neutral third-party (a mediator). The mediator assists parties in arriving at a mutually agreeable settlement that produces more for both disputing parties than they might obtain from a simple compromise or court judgment. In this regard, personal interests as well as mutual respect, honesty and openness play critical roles. It is not just about being right but rather being able to find a fair solution for both parties.

The mediator is the professional expert who facilitates the effort to find a decision. The goal is a closing agreement drafted by the mediator that is worked out together. Before signing the agreement, each party has the possibility of having it reviewed by a lawyer.

 

Advantages of mediation
Mediation is out of court. Mediation can replace in-court proceedings but it can also be carried out before a law suit is initiated. In some cases of on-going economic relationships mediation itself is initiated during on-going judicial proceedings to maintain economic contacts and, under some circumstances, even expand them.

 

The advantages are manifold
Mutually agreed conflict resolution that brings advantages to both is a so-called win-win solution. In particular mediation can [bring] new perspectives to existing fields of conflict and can generally provide new or as yet unrecognized possibilities for resolution. Long court trials are avoided by mediation and their cost can normally be dramatically reduced.

 

Scope of application
Mediation lends itself to problem resolution n many areas such as, for example in family matters:

  • Separation and divorce
  • (support, division of property, resident situation, custody and visitation issues)
  • inheritance disputes
  • succession to businesses
  • inter-and intra-business conflicts
  • school matters
  • neighbor disputes
  • construction matters

Mediation offers manifold possibilities to divorcing couples in particular in matters consequent to divorce (support, property division) that can be much better worked out through future planning and an overview than by court proceedings. However, even individual issues that come up such as, for example, visitation rights with children are highly suitable for mediation.

In family mediation as well as in other conflict resolutions, we would be happy to work on an interdisciplinary basis, i.e. together with a co-mediator (a second mediator from another profession), see also: W.E.R.K.- das Mediationsteam (www.werk-das-mediationsteam.de)

We would be happy to work on a mediation proceeding for you.