
Mediation – the alternative to court proceedings
Mediation solves conflicts of any kind constructively, future-oriented, together and out of court. The solution is the goal. Mediation enables two or more conflicting parties to find a solution together without costly and lengthy court proceedings. Mediators create a safe, neutral space in which all parties can express their interests, needs and concerns.
The aim is to enable both parties to find a mutually acceptable and positive solution and reach an agreement that suits their needs. Mediation allows parties to find creative solutions to their disputes that cannot be found through legal channels. The process leads to more effective solutions faster. The parties to the conflict enter into a dialogue moderated by the independent mediator.
The mediation process
The mediation process is determined by the personal responsibility and autonomy of the parties. The mediator considers the needs and interests of both parties equally, ensures a fair process and guarantees impartiality and confidentiality. The outcome and termination of the proceedings are solely determined by the parties.
The parties undertake to work out a solution based on a jointly signed agreement to the best of their knowledge and belief. The mediator moderates the dialogue between the parties and supports the use of creative problem-solving strategies. Once a solution has been found and an agreement reached, it is put in writing and signed by all parties. The entire procedure usually includes several sessions and can last between a few days and several months, depending on the complexity of the case.
Conflict counseling for individuals
Conflict counseling, on the other hand, is about helping people understand why they got into a conflict and how to better deal with it. The mediator discusses the situation with the client and works out a strategy together on how to deal with the situation and what further steps are necessary.
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Mediation for separation and divorce
Mediation is an important tool in the separation and divorce process. The aim of mediation is to support couples in finding a fair and mutually acceptable solution to their dispute. Mediation is less confrontational than traditional court proceedings and allows divorcing couples to negotiate agreements that are tailored to their family's needs.
With the help of an experienced mediator, the couples can jointly clarify issues such as the division of assets, custody of the children, maintenance and alimony payments. Mediators are impartial third parties who guide the conversations between spouses. Through active listening and communication skills, they facilitate understanding and finding compromises between the divorce partners. By helping the parties find common ground, mediators can help them reach a fair agreement that is in the best interests of both spouses and their children.
Costs and Fees of Mediation vs. Court Proceedings
Mediation is a good alternative to traditional court proceedings and offers many advantages, especially cost savings. As a rule, the costs and fees of mediation are significantly lower than those of court proceedings. This is because the mediators do not have to go through the same costly process that a lawyer would go through when preparing a court case.
Although mediators usually charge on an hourly basis, mediation often takes significantly less time than court proceedings, which can further reduce costs. Many questions can often be clarified in advance as part of mediation, so that fewer questions have to be discussed or clarified in the actual court proceedings. This leads to lower overall costs.
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