Mediation and conciliation, including related forms of alternative dispute resolution, can make the difference between a dispute ending in a lose-lose situation or leading to success for all parties involved. With a view to the burden that a litigious dispute inevitably presents, we consider it our duty to carefully and reasonably guide our clients through all available options which may help avoid the escalation of a dispute.
On the one hand, the conciliatory nature of the process requires tact and empathy. Communication cannot be approached from the same angle as during the litigation or arbitration process. Lawyers unfamiliar with the nuances of mediative concepts can very well cause the failure of the entire process. Very often, such failure is also rooted in a fundamental misunderstanding of the role of the third party (the mediator or conciliator) involved in the process. While the selection of the right mediator or conciliator plays an important part in these proceedings, that person is reliant on the support of both, the parties involved as well as their counsel.
On the other hand, while mediation and conciliation are generally qualified as being no-contentious by nature, they do have at their core a conflict. At the outset of every mediation, there is, thus, a dispute deriving from diverging interests. Although the resolution of the dispute is often by itself already a success, the outcome of the mediated solution is typically just as important. Proper preparation and representation serve to avoid “overshooting” the target.
Our firm combines proficiency with the particularities of the mediation and conciliation processes on the one hand, with the finesse required to navigate the conciliatory yet often delicate environment and circumstances involved, on the other hand. We strive to ensure that, in participating in the process, our clients do not just avoid the dispute for the sake of “peace and quiet”, but can also secure results they consider a commercial success. Typically, such solutions require creativity and sometimes unconventional thinking in order to make the most use of the flexibility provided by the processes of mediation and conciliation. This is where we excel.