Mediation

Mediation is a procedure in which the parties, with the support of a mediator and on a voluntary basis, try to reach a settlement of their dispute. In contrast to an arbitration or conciliation proceeding, a mediator neither renders a judgement nor does he/she submit an official proposal of a settlement.

In general, a mediation procedure is, after a preliminary conversation, divided into five different parts:

- Submission of the subjects which the parties want to be dealt with in a possible settlement
- Articulation by the parties of their interests and needs which should be met/corresponded to in a possible settlement
- Submission by the parties of possible options/terms of settlement
- Negotiation of a settlement by using the different options/terms of settlement submitted
- Conclusion of the legally binding settlement.

The Mediation process is not only considerably less costly than an arbitration or litigation procedure before state courts, but also enables the parties to continue their cooperation or their good family relationship when the dispute has ended.

Dr. Stoll’s main areas are (international) commercial law, company law, partnership law, liability law and inheritance law, which would include, for example, the mediation of disputes between the partners of a partnership or disputes between heirs of an estate. However, in particular cases, she would also handle mediations in other fields of law, if appropriate, with a co-mediator with a different (legal) specialisation.

The mediator may be contacted by one of the parties or by all parties involved in the dispute. Once all parties have agreed to participate, the mediation can start.