Mediation is a rapidly growing area of practice in general. It is becoming more and more widely accepted, that wherever possible, mediation is the solution to resolving disputes.
Mediation in court proceedings
Mediation is also possible if court proceedings are already in progress, because in Germany every judge is obliged to try to achieve a consensual solution with the parties. Therefore, the defendant can also encourage the judge to propose mediation.
If the dispute seems suitable for mediation to the judge, experience has shown that the court will propose such a procedure to the parties.
Because mediation is less time-consuming for the court, more and more judges train as mediators. For this reason, mediation can now be carried out professionally at many courts in Germany.
Mediation outside court proceedings
Of course, mediation can be conducted without the intervention of a court. Here, we have had also only postive experiences and can recommend this.
Are your company thinking about starting or joining a mediation?
Get legal advice to make sure you are following the correct procedure and meeting all the steps required to a successfull start of a mediation.
The lawyers at THORN Law firm are experienced in mediation and can assist you at every stage.
How to get started?
If your company wants to join a mediation in Germany, we need some information to give you a first advise how to proceed best.
With a form all informations can be provided very easily. You can download suitable forms at the link below.
But, of course, you can also contact us by phone.
Advantages of mediation
Alternative dispute resolution (= ADR) such as mediation is favourable compared to traditional civil proceedings:
ADR alternatives are generally faster and cheaper than litigation.
Mediation tends to maintain ongoing relationships.
Mediation enables the parties to find their own solutions to the conflict. In disputes involving more than money, solutions are more satisfactory to the parties.
Mediation allows the parties to settle their disputes without publishing their dirty laundry or confidential information in public.
Mediation is not only more time and cost efficient than court proceedings, but usually a satisfactory solution is found for both parties. The agreement made is binding on the parties and may be the basis for initiating legal proceedings if the agreement is not respected.