What is Mediation?
Mediation is a structured, voluntary process for conflict resolution in which a neutral third party - the mediator - supports the parties in reaching a mutually agreed solution. Unlike court proceedings, the decision is not made by a judge; instead, the parties themselves determine the outcome.
As an SBA-certified mediator specializing in construction law, I combine legal expertise with a practice-oriented approach to negotiation - for sustainable solutions that all parties can support.
The Process
- 1
Initial Contact
Clarification of the situation, expectations, and suitability of the conflict for mediation.
- 2
Mediation Agreement
The parties agree on the framework: confidentiality, costs, and procedure.
- 3
Issue Identification
Joint development of relevant topics and understanding of each party's interests and needs.
- 4
Solution Development
Creative development of options that serve the interests of both sides.
- 5
Agreement
Documenting the solution reached in a binding, written agreement.
Mediation vs Court Proceedings
| Mediation | Court Proceedings | |
|---|---|---|
| Duration | Weeks to a few months | Months to years |
| Costs | Generally more predictable and lower | Often difficult to predict |
| Outcome | Mutually agreed solution | Court judgment |
| Relationship | Preserves business relationships | Often damaging |
| Flexibility | Tailored solutions | Legal framework |
When to Choose Mediation
Mediation is particularly suitable when:
- The business relationship should be preserved - e.g., between a client and architect, between neighbors or co-owners
- A quick resolution is needed - construction delays or ongoing costs create time pressure
- Technical aspects are involved - the mediator can simultaneously consider technical, financial, and legal dimensions
- Court proceedings are already underway - mediation can contribute to resolution even in parallel
Frequently Asked Questions
Participation in mediation is voluntary. However, the agreement reached at the end can be structured as a binding contract.
Costs depend on complexity and duration. They are typically significantly lower than court proceedings. Costs are usually shared between the parties.
Yes. Mediation does not exclude legal recourse. If mediation fails, the path to court remains open.
Depending on complexity, between a few sessions and several months. In most cases, significantly faster than court proceedings.
Primarily in construction law (private and public), succession law, and labour law. Thanks to SBA specialization, I have in-depth knowledge in these areas.