Mediation // Negotiation

Mediation: Alternative dispute resolution under the mediation of a neutral person

Especially when parties have to get along in the future - such as former spouses with children together or entrepreneurs in a business relationship - maintaining a relationship of trust is a valuable asset that can be destroyed by dirty court proceedings. Dispute resolution through mediation is often more advantageous in such cases.

The aim of mediation is to resolve a conflict by concluding a binding, forward-looking agreement between the participants. In contrast to court proceedings, the focus is not on the question of whether the parties are at fault. Instead, the aim is to resolve a conflict in an unbureaucratic, flexible and confidential manner. This is facilitated by a mediator who assumes a neutral, mediating role and supports the parties on their way to a joint solution.

Professional negotiator: The cool head in heated situations

When you think of negotiations in German-speaking countries, you immediately think of walking through an oriental bazaar. Yet negotiations are everyday processes: Mostly of modest importance, sometimes of very great significance - for example, if you want to buy or sell a property or a company or settle a muddled court case at the green table.

While it is common in the Anglo-American world to be advised and coached or even represented by professional negotiators in such important negotiation situations, this is still the exception in German-speaking countries. The involvement of an external negotiator has many advantages: they are trained in rhetoric and negotiation psychology and act primarily rationally rather than emotionally. While a mediator is neutral, a professional negotiator is partisan: he is not only literally behind you, but figuratively in front of you in order to maximize your personal success. In this respect, mediation and negotiation offer overlaps and similarities, but differ significantly in some respects.

Reasons for Schmelz lawfirm

• Mediation offers the opportunity to avoid long and nerve-wracking court proceedings that leave scorched earth behind and instead create win-win situations. Our partner Eva Schmelz is a trained mediator and has many years of experience in the alternative resolution of conflicts, particularly in intra-family and relationship settings. She will be happy to support you if you need a neutral mediator to reconcile conflicting interests.
• Would you like to tap into the knowledge of top American and British universities in order to prepare for an important negotiation in a structured way and receive coaching for it - or would you like to bring in an experienced, clear-thinking negotiator? Then our partner Dorian Schmelz can help you.

Let’s find connection points.