Mediation

Mediation follows fixed rules and a regulated procedure. The mediator is an impartial body that keeps the communication going between the parties involved. She herself does not have an opinion. A voluntary and active participation of the parties to the conflict is a prerequisite for the procedure.
This process is about a win for all participants – there are no losers.

How does mediation work?

In an initial interview, the mediator explains the procedure and asks for the consent of the participants. Afterwards, the principles of the procedure are discussed and the working agreement is issued in writing. The framework and basis of a mediation are the following:

Sincerity

Everyone is committed to full sincerity. This includes both personal and material circumstances.

Confidentiality

Absolute confidentiality is required. What has been discussed must not leak out unless it has been agreed mutually.

Self-Responsibility

It must be ensured that each participant is able to represent his or her interests autonomously. The solutions are acquired by the participants, the mediator offers a helping hand only.

Voluntariness

A mediation can only be successful if each person participates on a voluntary basis. The mediation can be cancelled or terminated at any time.

Impartiality

The mediator is committed to impartiality. That means, he stands in the middle and meets all mediators with the same empathy. In addition, legal information is provided. At a point in time set by the mediator (usually after a first draft solution has been issued), the participants receive legal advice.

The lawyer for each party examines the draft with regard to legal feasibility and points out the possibilities that the legislature has provided. Against the background of this information, the mediators can revise or adapt their self-developed solution.

Procedure from a written working agreement

After the topics that need to be discussed and on which the parties agreed upon (only those issues will be discussed that both parties seek to find a solution for) have been determined in an open and unbiased manner, the underlying needs are worked out based on the individual positions of the participants. Once these are known, the work on a suitable solution can begin.

The agreed result is also recorded in writing. The participants commit themselves to compliance. Results can be set out notarial or be submitted to the court of first instance by mu- tual agreement. If necessary, mediation will be resumed at a later stage in order to verify the feasibility of the solutions developed.

Benefits of mediation

Compared to legal disputes, mediation is time-saving, inexpensive and effective. Time-saving, since no waiting times have to be taken into account. You call and make an appointment. No long waiting for trial dates. Inexpensive, because the billing does not consider the litigious value, but only the hourly rate for the practically required time. Effective, because your real needs come into play, not just the ostensible and often hardened positions.

Especially in the areas of family, marriage and partnership, mediation can be used to find con- sensual ways for individual reorientation.

If children are present, joint decisions must continue to be made despite a separation. It is therefore necessary to ensure that financial and legal questions are answered in a sustainable and acceptable matter.
In the case of a legal dispute and divorce by a judgement, without the persons concerned being able to come to an agreement, it is only natural, that dissatisfaction remains. As a result, there is no real peace because there is often an attempt to undermine the verdict. Follow-up trials and further irritation, for example due to non-payment or non-compliance with visitation rights and rights of access, are not uncommon. The children are the ones suffering.

Mediation is a possibility, despite injuries and disappointments, not to let the communication end, but to find a consensual, consistent solution in the interest of all parties involved.

How about the time and cost of mediation?

The duration of a mediation is not to be specified in a general manner. It depends entirely on the mediators themselves. As a rule, 5-8 sessions of 1-2 hours each are assumed.
The fee depends on the complexity and number of participants in a case and is agreed individually. The income levels of those involved are taken into account.

What does the legislator say about mediation?

On September 1, 2009, mediation officially entered the FGG Reform Act with the new regulations of the FamFG (family procedure law). Among other things, the court can order an information meeting on mediation in divorce proceedings according to Section 135 (1) FamFG.

Mediation in your case

We will examine whether mediation is applicable in your case and recommend an experienced mediator.