Mediation & Conflict Management

M

MEDIATION

Mediation is a facilitative process. A neutral third party — the mediator — assists parties in their efforts to negotiate a solution to a dispute. The dispute is not cast in a legal framework. Rather, the mediator manages a party-centred process that focusses on the parties’ interests and their co-operation. The mediator does not determine or decide between the parties. Parties reach their own solutions, framing them in a mediated agreement. Because parties reach their own “yes”, mediated agreements have a high compliance rate.

We offer:

  • Advice on the mediation process and procedure, including online mediation
  • Advice on the agreement to mediate (applicable law)
  • (Online) Mediation advocacy / representation / support
  • Advice on mediated agreements, including their enforcement (forum and applicable law)

Our partner Thomas is a mediator and mediation specialist, trained by the Chartered Institute of Arbitrators (CIArb) and currently registered with the Centrale für Mediation (GER) and (pending) the ADR International Register (NL).

Thomas offers his services in English and German, focusing on disputes in the following areas:

  • Contractual disputes (Sale of goods and services agreements)
  • Franchise / agency / intermediary disputes
  • Corporate disputes (company, partnership, shareholder agreements)
  • Sport disputes
  • Investor-State / State-State disputes
  • Disputes relating to International Organisations (internal and external disputes)

Do you require a mediator or wish to seek advice or representation in a mediation? Then book a free initial consultation with us.

CONFLICT MANAGEMENT

Conflict can be disruptive. Distrust grows, communication ceases. Differences entrench and become positional. The costs of conflict can be significant, even though some, such as poor work environments or tarnished reputation, may be difficult to quantify. The ongoing diagnosis of potential causes for conflict can avoid or mitigate the risk of conflict, while the early detection of conflict, together with appropriate management strategies, can (cost-) effectively limit the direct and indirect impact of conflict. First-class conflict management is the answer.

We offer:

  • Development of conflict avoidance and management strategies
  • Analysis and early detection of conflict, including through the review of past conflict•
  • Advice on suitable neutral conflict resolution mechanisms, including mediation

Do you want to find out how we can help you to avoid conflict? Then book a free initial consultation with us.