In Chinese, the word “listening” is made up of four terms:
3. Attention and
4. an open heart.
These are at the same time the most important elements of successful mediation.
Isn´t it true that the course to the lawyer is often motivated by the feeling of finally coming to her or his right? And then everything is quite different, the judge has not understood it right, the evidence could not be provided, the legal position does not allow one’s own claim. Then a court process produces a frustrating feeling, one has actually taken everything out, somehow the judge, tied to law and order, could not pacify the situation with his verdict. Can the parties still look in each others eyes or even work together?
The term mediation is derived from the Latin adjective “medius”. This means in the middle (between two views or parties), impartially and objective. The procedure has decades old roots, which are based on mechanisms developed in old tribal societies.
Mediation is an out-of-court and constructive solution to conflict resolution, in which the conflicting parties concerned, through counceling by an experienced mediator, arrive at their own solution to their own interests and needs. A mediator does not make decisions, nor does she or he formulate recommendations or suggestions for a possible conflict resolution.
The mediator is impartial (probably even on both sides “allparteilich” but definitely not “neutral”) and acts as guardian of the proceedings. The aim of mediations are a binding, written and forward-looking agreement, which is supported by both parties to the conflict.
Through the hearing of all parties involved in the conflict, by the expression of their feelings and the clarification of their own interests, a reciprocal exchange between the conflict parties with regard to the conflict background is often possible. Mediation offers a protected framework for this in order to build up understanding and new trust. A mediation procedure is different from a judicial process. It does not evaluate the past and ask for the debt, but develops a solution for the future.
In principle, the resolution of a conflict, which has been worked out by a consensual interaction between the affected parties, brings with it more contentment and acceptance. If everyone was able to contribute and her or his interests were taken into account, a conflict can also be solved internally. In the event of litigation, the parties have to accept the judgment in any case.
From a financial point of view, mediations are in most cases more cost-effective, since hourly rates can be agreed and it is not necessary to hire different law firms plus public fees arrising from the court proceedings fees.
Attorneys at Law Dr. iur. Marcel Fassbender und Nicole-Denise Fassbender have both been trained and certified by the rules and standards of the “Bundesverbandes Mediation in Wirtschaft und Arbeit (BMWA)” and also according to the same of the “Bundesverbandes Mediation e.V. (BM).”