Why business mediation?
Disputes should be resolved, not just ended. Seven arguments to support the case for business mediation:
Autonomy. Your can terminate a business mediation process at any stage. You are in charge of the process.
Cost containment. Mediation is much cheaper than normal legal proceedings, especially if large amounts of money are involved:
(For a detailed calculation, see the (German-language) cost calculator of the the European Institute for Conflict Management (EUCON),
www.eucon-institut.de.)
Digram:
Ponschab and Schweizer: “Die Streitzeit ist vorbei”, Junfermann Publishers, 2004.
It is quicker. It can take months or even years before an (initial) decision is reached in legal or arbitration proceedings. Business mediation can achieve a lasting settlement in the space of a couple of weeks.
Win-win situation. Business mediation seeks to provide win-win solutions. If people are willing to resolve a dispute, no one will end up as loser.
Up to date. Business mediation is state of the art. Twenty leading companies in Germany have come together to form the Mediation Round Table. You can find out who they are under: www.rtmkm.de.
International. Business mediation is international. In the USA, more than 4,000 companies have included alternative dispute resolution in their corporate policy and signed the CPR Corporate Pledge. Mediation in EU cross-border disputes has become part of day-to-day business due to the EU Directive 2008/52/EC.
Discretion. Normal legal proceedings are public. Anyone can listen in. The media are allowed to report on the case. Business mediation is a confidential process. No part of the settlement will be published against your will.
Business mediation is designed to resolve an emerging or existing dispute. Business mediation focuses on your interests and not on clarifying the legal position. It looks at a dispute from your viewpoint and focuses on your needs. You will be able to work out your own solutions; these solutions will be as personal as the dispute your are involved in.