Litigation is time consuming. The financial cost is often high and in the end there may be further costs to one or both, parties’ reputations. Consider a different route: Business mediation is one of the most viable Alternative Dispute Resolution (ADR) mechanisms. It doesn’t take place at a court or public institution of any kind. With the help of a certified mediator, parties argue their cases privately in a structured procedure and neutral environment, with an outcome that can be kept confidential. The mediation process is customizable, allowing parties to agree on which issues they want to bring to the table. The process is steered by a professional mediator but it is the parties who are responsible for the content of the deliberations, and in the end they are the ones who settle their dispute voluntarily. #

Some advantages of mediation over court or arbitration proceedings are that it can:

  • Be focused only on the interests and concerns of the parties involved
  • Resolve not just a specific dispute but also its root causes, to avoid further disputes in the future
  • Shorten the overall time needed to resolve a dispute
  • Reduce the overall cost of resolving a dispute
  • Reduce the number of personnel and amount of operational resources needed to resolve a dispute
  • Guarantee confidentiality so as to avoid negative press and reputational damage

Jörg Clauß is professionally trained in mediation and conflict resolution and certified by Germany’s Chamber of Commerce and Industry (IHK). I never mix the two. As attorney I am representing one party. As meditator, I serve all parties equally.