1. What is mediation?

Mediation is a voluntary process of an out of court dispute settlement, which can be provided EU-wide. An independent third party, the mediator, helps the parties to reach a long-term solution. Mediation process takes place at a neutral location.

2. What is mediation suitable for?

Mediation is suitable for all forms of communication problems or conflicts among third persons or family members either at work place or in the company. Often it is also possible to agree on mediation processes with authorities. Respective area of law and subject play only a secondary role. A competent mediator can deal also with complex matters.

Prerequisite is, however, that the parties are willing to seriously and actively engage in an out of court dispute settlement.

3. How does mediation take place?

According to the Mediation Rules of the IEMS, mediation begins with a preliminary meeting during which the mediator clarifies the framework and finds out the escalation level of the conflict. The further procedure will be stipulated accordingly, in agreement with the parties on the basis of a mediation agreement. Mediation process usually consists of several confidential meetings. At the end of the mediation process an agreement is being reached that ideally is acceptable for all parties involved. The terms of this agreement can be recorded in a final agreement that is enforceable before courts of law.

4. What are the advantages of mediation?

Mediation takes place in a safe, private place. At the beginning all participants conclude a confidentiality and non-disclosure agreement. Consequently, no third persons are informed about mediation and there is no final decision taken by a third person. The parties determine their interests independently with the help of the mediator who ensures a fair multipartial process. The conflict parties can independently work out solutions that are beyond those usually reached in proceedings before courts of law. Especially for the parties, who in the end depend on each other and are interested in a lasting solution that is reasonable for all of them, mediation is a highly efficient process with the results that often produce positive surprise.

5. How much does mediation cost and how can I book it?

Depending on the qualifications of the mediator, mediation usually costs from € 150,00 per hour. By a telephone or written inquiry addressed to the IEMS or directly to the mediators, who co-operate with the IEMS, you can either book or agree on mediation. Alternatively, mediation can be agreed upon right from the beginning by including a special mediation clause in the agreement. The IEMS keeps a list of suitable mediators. Thus it is being ensured that competent, neutral and certified mediators work according to the European Code of Conduct for Mediators and the Procedural Rules of the IEMS.

6. What other kind of alternative dispute resolution methods are available?

Besides mediation, there are numerous other methods that partially can be combined with mediation. One such method is conciliation. If choosing conciliation, the parties agree on one independent person whom they trust. This person provides suggestions for conflict resolution. A conciliator does not have to possess any particular qualifications.

In addition, there is arbitration in particular regarding conflicts arising out of commercial law matters. An arbitrator is being chosen either by the parties or an institution like the IEMS.

Arbitration proceedings resemble proceedings before a court of law the most: an independent arbitrator sets deadlines, raises evidence and can issue a final judgment in arbitration proceedings (arbitration award) which can be enforced by an ordinary court of law. There is no second instance. If the parties agree, mediation proceedings can change into arbitration proceedings which then again can change back to mediation.

Then there is a conciliation judge (Güterichter), who as a particularly trained judge offers kind of mediation without being involved in the actual legal proceedings. For the conciliation judge to become involved, civil proceedings have to be instituted in the first place.

Besides, there is an expert arbitrator (Schiedsgutachter), who is chosen by the parties and renders a final judgment on certain factual issues. The Arbiter (Schiedsmann) is an institution on a municipal level that mainly tries to resolve disputes among neighbours.

Ombudsmen operate in different fields like insurance and banking as a voluntary dispute resolution form between clients and businesses.

1. What is mediation?

Mediation is a voluntary process of an out of court dispute settlement, which can be provided EU-wide. An independent third party, the mediator, helps the parties to reach a long-term solution. Mediation process takes place at a neutral location.

2. What is mediation suitable for?

Mediation is suitable for all forms of communication problems or conflicts among third persons or family members either at work place or in the company. Often it is also possible to agree on mediation processes with authorities. Respective area of law and subject play only a secondary role. A competent mediator can deal also with complex matters.

Prerequisite is, however, that the parties are willing to seriously and actively engage in an out of court dispute settlement.

3. How does mediation take place?

According to the Mediation Rules of the IEMS, mediation begins with a preliminary meeting during which the mediator clarifies the framework and finds out the escalation level of the conflict. The further procedure will be stipulated accordingly, in agreement with the parties on the basis of a mediation agreement. Mediation process usually consists of several confidential meetings. At the end of the mediation process an agreement is being reached that ideally is acceptable for all parties involved. The terms of this agreement can be recorded in a final agreement that is enforceable before courts of law.

4. What are the advantages of mediation?

Mediation takes place in a safe, private place. At the beginning all participants conclude a confidentiality and non-disclosure agreement. Consequently, no third persons are informed about mediation and there is no final decision taken by a third person. The parties determine their interests independently with the help of the mediator who ensures a fair multipartial process. The conflict parties can independently work out solutions that are beyond those usually reached in proceedings before courts of law. Especially for the parties, who in the end depend on each other and are interested in a lasting solution that is reasonable for all of them, mediation is a highly efficient process with the results that often produce positive surprise.

5. How much does mediation cost and how can I book it?

Depending on the qualifications of the mediator, mediation usually costs from € 150,00 per hour. By a telephone or written inquiry addressed to the IEMS or directly to the mediators, who co-operate with the IEMS, you can either book or agree on mediation. Alternatively, mediation can be agreed upon right from the beginning by including a special mediation clause in the agreement. The IEMS keeps a list of suitable mediators. Thus it is being ensured that competent, neutral and certified mediators work according to the European Code of Conduct for Mediators and the Procedural Rules of the IEMS.

6. What other kind of alternative dispute resolution methods are available?

Besides mediation, there are numerous other methods that partially can be combined with mediation. One such method is conciliation. If choosing conciliation, the parties agree on one independent person whom they trust. This person provides suggestions for conflict resolution. A conciliator does not have to possess any particular qualifications.

In addition, there is arbitration in particular regarding conflicts arising out of commercial law matters. An arbitrator is being chosen either by the parties or an institution like the IEMS.

Arbitration proceedings resemble proceedings before a court of law the most: an independent arbitrator sets deadlines, raises evidence and can issue a final judgment in arbitration proceedings (arbitration award) which can be enforced by an ordinary court of law. There is no second instance. If the parties agree, mediation proceedings can change into arbitration proceedings which then again can change back to mediation.

Then there is a conciliation judge (Güterichter), who as a particularly trained judge offers kind of mediation without being involved in the actual legal proceedings. For the conciliation judge to become involved, civil proceedings have to be instituted in the first place.

Besides, there is an expert arbitrator (Schiedsgutachter), who is chosen by the parties and renders a final judgment on certain factual issues. The Arbiter (Schiedsmann) is an institution on a municipal level that mainly tries to resolve disputes among neighbours.

Ombudsmen operate in different fields like insurance and banking as a voluntary dispute resolution form between clients and businesses.