What is mediation?
According to the law, mediation is a structured procedure in which two or more parties in dispute voluntarily attempt to reach an agreement on the settlement of their dispute with the help of an independent, impartial and competent mediator.
The mediation procedure applies to both national and cross-border conflicts.
The role of the mediator, as a third party, is to assist the parties to reach an agreement independently and with full knowledge of the facts, taking into account the needs of each party on the basis of the specific technique of mediation. Mediation is also a communication technique that can help to make conflict prevention in companies more effective.
The mediator is neither a judge nor an arbitrator and is obliged to maintain the confidentiality of the mediation process. In particular, he is not allowed to publish the descriptions entrusted to him, of which he becomes aware through his position.
In order for mediation to be successful, it requires the joint willingness of the parties to reach an amicable solution to their differences in good faith. The parties remain in control of their conflict as well as of their contractual relationship, while they may consult the mediator and his conflict resolution technique at any time.
Mediation is an efficient, quick and relatively inexpensive way compared to a traditional judicial or even arbitration procedure to settle a dispute, while guaranteeing confidentiality for the parties, especially if mediation fails.
The law guarantees the confidentiality of the mediation.
It also ensures that the respective rights of the parties do not become time-barred during the mediation process.
Furthermore, the agreement reached can be recognised by the court and thus has the same value as an enforceable judgment.
The Mediation can be initated outside or during a procedure.
At the beginning of the mediation process, the mediator and the parties sign an agreement called the madiation agreement. In this agreement, the parties undertake to settle their dispute throught mediation in accordance with the rules of mediation (of the CMCC) to which the parties declare that they agree.
In fulfilling his or her duties, the mediator will assist the parties in finding a negotiated solution to their dispute. The mediation shall not exceed three months after the signing of the mediation agreement. However, its duration may be extended with the agreement of the parties. The parties, including the mediator, are free to terminate the mediation at any time.
When the parties conclude a mediation agreement, it contains the specific obligations each party has entered into. The mediation agreement is signed by all parties.
Example of a mediation agreement
Mediationsvereinbarung.pdf
The rules of mediation
CMCC Regeln.pdf
The information brochure of the CMCC