What is mediation?
Mediation is a proven method for clarifying and resolving conflicts. It is suitable for people or companies who find themselves in a conflict situation and want to work with each other with the support of a mediator to find an amicable solution for the future.
Mediation is particularly useful if the parties involved have a private, family, business, or professional relationship with each other and want a good and trusting relationship in the future. Typical cases are workplace conflicts, disputes between artists and producers, problems within artist groups, disputes between cooperating companies, neighborhood conflicts, or disturbances in family relationships. Here it makes sense to ensure that the basis for a good relationship is restored for the time after the conflict.
But even if the parties involved are only connected by this one conflict, mediation can be a less time-consuming and more cost-effective alternative to court proceedings. Court proceedings can extend over several instances and take many years. In the end, the losing party often has to bear high court and legal costs. These are based on an amount in dispute that is determined by the court. Mediation, on the other hand, usually lasts only a few sessions. The costs are agreed in advance and can be calculated for all parties. The parties to the conflict can also terminate the mediation at any time.
A particular advantage of mediation over court proceedings is that the parties can exchange their views and interests in the time necessary for them and within a safe framework. This often enables creative and constructive solutions that a traditional lawsuit with mostly hardened fronts does not offer.
What is the process of mediation?
Before the start of mediation, I will have a preliminary discussion with you usually by telephone. I will not discuss the actual conflict yet, but only the general framework for the procedure. We will also discuss the timeframe and costs.
The actual mediation then takes place in several sessions. Sessions usually last between one and one and a half hours. Very often, conflicts have a longer history over many months or years, and yet many parties hope to resolve the conflict within the first session. This is usually not possible. The first session is generally used to identify the topics the parties would like to discuss. Another two or three sessions are usually needed to deepen these topics, look at the underlying interests and needs, and to work out possible solutions.
At the end of the mediation, there should be a constructive agreement for the future that resolves the conflict and is perceived by all parties involved as fair and in line with the interests of all parties. As a rule, the agreement is recorded in writing.
A few weeks after the conclusion of the agreement, it may be useful to hold a debriefing. Perhaps an adjustment is needed. I am also always happy to receive feedback.
My role as a mediator
As a mediator, I am impartial. I do not take the side of any party to the conflict. This distinguishes my task as a mediator from that of a lawyer, who always represents a specific party against an opposing party. I also do not make decisions and do not render a judgment. The parties involved in a conflict are responsible for resolving their conflict.
My job as a mediator is to support the parties involved in finding a solution and to ensure a safe framework for a proper mediation process. The mediation sessions can take place in my office in Berlin-Mitte or elsewhere, e.g., at your company or at other locations.
What are the costs?
As a rule, I work as a mediator at an hourly rate. The rate depends on the circumstances of the individual case. In the case of conflict issues between private individuals or artists, it is lower than in the case of conflicts with more economic weight between entrepreneurs or companies, in which higher object values are at stake. The total number of hours depends very much on the complexity of the matter. I can make you a more detailed offer after I have had the preliminary conversation with you and know a little more about your needs.
In mediation, it is often the case that the parties to the conflict share the mediator’s remuneration. In the case of internal mediation (e.g., workplace conflicts, disputes with the works council), the costs are usually borne by the company.
My services as a mediator
I work as a mediator in various fields. One field of activity is in the field of copyright, art, and media. These include, for example, the music, film, and television industries, the art market, the performing arts (stage, theater, opera, musicals, etc.), cultural institutions, associations and other institutions, cultural workers, orchestras and choirs, publishing, the gaming, IT, and online industries, or the field of journalism and the press. In these areas, conflicts can arise, for example, between artists or other contributors, producers, broadcasters, artistic directors, directors, cultural workers, agents, managers, theaters, organizers, publishers, or exploiters.
I also mediate in conflicts in labor and commercial law. Typical cases are workplace conflicts and other conflicts within companies, e.g., in connection with the work of representative bodies, such as works councils, conflicts between cooperating and competing companies, questions of company succession, or shareholder conflicts.
Finally, I act as a mediator in conflict resolution in other private or professional situations, e.g., neighborhood conflicts, conflicts in the family or social sphere, such as couple conflicts, separation and divorce, inheritance disputes, construction and housing, public administration, or insurance.
I am trained as a mediator according to the requirements of the Mediation Act and the ZMediatAusbV (certified mediator). I will be happy to answer any questions you may have about mediation. In a conversation, we can explore to what extent your conflict is suitable for mediation and how the process could be structured for you.
I would be glad to talk to you about your legal needs. Contact me
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