Mediation
Mediation in Berlin and Hamburg – Expert Conflict Management
Mediation can avoid costly and protracted proceedings and resolve legal disputes. Solving conflicts rather than risking litigation therefore is both economically and tactically advantageous for all parties involved.
In a mediation process, interests, feelings and values that influence the conflict are disclosed and taken into account, negotiating leeway is explored on both sides, and new solutions are sought together. Present and future orientation have priority over coming to terms with the past.
ZENK lawyers offer mediation in Berlin, Hamburg and country-wide. Trained in mediation, we support the disputing parties with many years of experience in achieving solutions for sustainable conflict settlement and resolution – quickly, effectively and legal-proof.
What Exactly Is Mediation?
Conflict mediation is a special negotiation and communication technique. A third party, the mediator, helps to discuss conflicts between two or more parties, helps to clarify and to ideally settle them out-of-court. Mediation is confidential, structured, voluntary and with open results.
What Does a Mediator Do?
The mediator intercedes between the parties and helps to identify controversial points and develop solutions. The mediator, however, has no decision-making power in the matter, but has a mediating function. The participants themselves have to find a settlement that safeguards their respective interests. For the parties involved, this means that they have to act on their own responsibility, should be interested in constructive conflict resolution and need to work out their own solutions. A mediator is impartial, independent, qualified and professional.
Mediation Is an Alternative to Litigation
The aim is to develop solutions to problems that the parties can agree upon and to end the dispute. The parties involved determine the procedure themselves. They can agree on confidentiality, present the facts that are important from their point of view to the desired extent, and extend them as required. In addition, individual problem solutions can be developed.
As a result, the parties decide the outcome of their own dispute – with the help of the mediator. This helps each party to save their face and leads to a lasting pacification. Mediation is consensus-oriented: Jointly developed solutions are expected to be mutually accepted.
ZENK Lawyers for Mediation and Conflict Management
We mediate your dispute impartially and record the solutions gained in legally secure agreements. We are happy to support you in all matters relating to judicial mediation, business mediation, corporate mediation and mediation in the public sector.
Corporate Mediation
Conflicts arising in the private sector are often accompanied by high costs and take up a great deal of time. Legal proceedings are expensive and demand a lot of money, time and nerve. Often, results are not constructive: The existing contract and business relationships are influenced in a negative way and usually remain so.
Mediation at an early stage allows conflicts to be settled quickly, economically, confidentially and it can help to save the business relation. Examples are internal company disputes, such as within the management or between individual shareholder or family-run companies where disputes often arise over the question of company succession. In this case a mediator can be very helpful in revealing the interests behind the conflicts to the parties involved.
We support you with our experience and therefore are able to accelerate the resolution of conflicts.
Internal and Business Mediation
Conflicts in the workplace are very stressful. They often result in a lack of motivation, loss of productivity, health problems and loss of working hours due to sick leave, with serious consequences, such as transfers or dismissals.
Internal mediation can help to resolve such conflicts satisfactorily for all parties involved and to improve the working atmosphere significantly. We support you in the area of business mediation:
- In conflicts between employer and employee
- In conflicts within the management
- In conflicts among colleagues (bullying and harassment)
- In conflicts between management and the works council
- In collective bargaining disputes, issues of co-determination and restructuring
Especially in merger and restructuring processes. the implementation of early mediation often has a de-escalating effect.
Mediation and Public Administration
Today, mediation is very popular in the public sector. Formerly known as environmental mediation, the field of mediation and administration today encompasses a large number of economic and social aspects, as well as building law projects.
Disputes regularly arise in the planning and realisation of large-scale projects. Particularly in densely populated areas, disputes often arise between project sponsors, authorities, residents, citizens’ initiatives and interest groups. Conflicts are dealt with emotionally. This leads to long-standing planning, approval and court proceedings, with which none of the parties involved can be satisfied. Conflicts in the public sector therefore not only paralyse administrative actions, but also jeopardise the willingness of private investors to invest.
We mediate the different interests and offer support in the following situations:
- Establishment of industrial and commercial facilities
- Implementation of large-scale infrastructure projects
- Neighbours’ rights disputes in building law
- Municipal disputes
- Conflicts in the civil service (e.g. promotion, transfer)
Mediation at an early stage, outside the rigid legal participation and consultation procedures, opens up the opportunity to implement “sensitive” projects within a manageable period of time, particularly from an immission and environmental point of view, and to take account of the various interests involved (see, for example, § 4 b BauGB and § 25 Para. 3 VwVfG).
Conflicts are multi-faceted and complex. In most cases, they lead to severe impairments of contractual and negotiation relationships. Therefore, make sure that you mediate in disputes in good time. ZENK lawyers take on mediations in Berlin, Hamburg and throughout Germany. We ensure that legal problems are avoided, that communication between the parties is successful, and that acceptable solutions are found.