principles

multipartiality

The mediator is equally obliged to all parties to the conflict. Therefore, he is impartial and unbiased, i.e. he is an all-party mediator. He conducts the mediation procedure and is responsible for its course which the parties have previously agreed upon. As a matter of principle, he doesn’t take part in the specific problem-solving process of the parties involved in order to avoid the impression of being biased.

involvement of all parties to the conflict

Other than in legal proceedings, the parties to the conflict will decide themselves on who will take part in the mediation process, which topics will be negotiated and which standards of behaviour shall apply. All persons which are affected by the conflict should be included in the mediation process.

personal responsibility

The parties involved are personally responsible for the results and solutions of the conflict during the mediation process. The mediators conciliate and support the parties concerned during the communication process. They do help finding good and appropriate solutions. Conflict resolutions which the parties have worked out themselves at eye-level are normally more long-lasting than a judgment passed by the court from “above”.

openness to the results of the mediation procedure

In mediation, the principle of openness for unforeseen results applies: In the search for a solution, everything is allowed! In the first step, all ideas for a solution stemming from the parties concerned are gathered but without passing a judgment in detail. Therefore, there must be a willingness to engage oneself in finding a solution in an open and creative way. In the next step, the possibilities for a solution will be evaluated by all parties and will be then checked for feasibility.

Outside the mediation procedure, it is not allowed to make restrictive agreements.

voluntariness

As a matter of principle, it is on a voluntary basis to take part in a mediation procedure. This principle is based on the idea that “forced” conversations and decisions are far less accepted and normally won’t lead towards a lasting solution to the conflict.

Contrary to the legal procedure which one cannot evade without negative repercussions, the mediation procedure can be terminated at any time by the parties concerned but also by the mediators themselves.

confidentiality

In mediation, very often difficult and, in parts, rather personal topics of the parties concerned will be revealed and discussed. Therefore, confidentiality is paramount for a constructive and transparent cooperation.

As mediators we are bound to compliance with our contractual duties in addition to our duty of professional (i.e. lawyer’s) secrecy. Besides, we have the right to refuse to give evidence. In this way, it is guaranteed that the content of the conversation cannot be passed on to a third party unless otherwise agreed to by the parties concerned.

awareness and information

The parties to the conflict have to be well informed about their own rights and claims. In order to reach good and lasting solutions, the parties concerned must be aware of the legal framework in which they move about. As far as the parties have not yet got legal representation, they should get legal advice from an expert with regard to the intended agreement and that well before the termination of a mediation agreement.

The lawyer-mediator is not allowed to give legal advice since he will loose his impartiality towards the parties by doing so.

  • The mediator is impartial and unbiased.
  • The mediator ensures proper conduct of the proceedings.
  • The parties will decide in a responsible manner on who shall take part in the procedure.
  • The parties are responsible themselves for the results and solutions.
  • The participation in the procedure is on voluntary base. The procedure can be terminated at any time and by any party involved.
  • Confidentiality is guaranteed by a mediation contract. According to law,the mediator is obliged to secrecy.