Mediation is based on a long-established idea. Its legal foundation, however, was only created in 2012 with the German Mediation Act. What it is really about: staying on the factual level and continuing the search for a solution until one is found that all parties can accept. Reason enough for just.bocholt to feature commercial mediation in January 2013, presented by Christian Büker, Steuerberater (German Certified Tax Advisor), Master of Mediation and Managing Director within our Steffen & Partner group. "It is striking," Christian Büker notes in the article, "that the approach of not settling disputes in court is gaining ground. Of course, there are disputes in which court proceedings are unavoidable. Mediation, however, can offer significant advantages." Read the article to learn about the benefits of mediation. You will also find out why mediation can be a particularly attractive alternative to court proceedings in employment law matters and between business partners. Or learn more by contacting us directly. We are happy to assist you. You can find the article here in just.bocholt on Issuu; turn to page 58. The article is also available for download here. And of one thing we are certain: we will find a solution. [wpfilebase tag=file id=4 /]
Frequently asked questions
Frequently asked questions
What is commercial mediation?
Commercial mediation is a structured out-of-court procedure for resolving business conflicts. A neutral mediator supports the parties in developing a fact-based solution that is acceptable to all involved. The goal is a mutually agreed settlement rather than a court ruling.
What is the legal basis for mediation in Germany?
The legal basis for mediation in Germany is the Mediationsgesetz (Mediation Act), which came into force in 2012. It governs, among other things, the duties and obligations of the mediator as well as the confidentiality of the proceedings. This established mediation as a recognized, independent method of conflict resolution under German law.
What advantages does mediation offer compared to court proceedings?
Mediation is generally faster, more cost-efficient and more confidential than court proceedings. It allows for tailored solutions that go beyond purely legal positions and often preserves the business relationship between the parties. In addition, the participants retain control over the outcome instead of leaving it to a judge.
In which areas is commercial mediation particularly useful?
Commercial mediation is especially suitable for employment law disputes, for example between employer and employee, as well as for conflicts between business partners or shareholders. It is also an attractive alternative when long-term cooperation is to be preserved. However, for matters that mandatorily require court proceedings, litigation remains indispensable.
Who can work as a commercial mediator?
Commercial mediators have completed specialised training, often holding a Master of Mediation or a certification as a mediator. They frequently come from a professional background such as Steuerberater (German Certified Tax Advisor), Rechtsanwalt (German Attorney-at-Law) or Wirtschaftsprüfer (German Statutory Auditor), and additionally master conflict-resolution methods. This combination of subject-matter expertise and procedural skills is particularly valuable in commercial disputes.