Mediation is the fastest growing Alternative Dispute Resolution (ADR) method. Several proceedings in Germany require that disputes be mediated before they can be heard in court.
The lawyer has the right to act as a mediator. Based on acquired competencies in family and inheritance law, it is possible to moderate the mediation in a timely manner and in the interest of all mediation parties involved.
Mediation regularly consits of five major steps:
First. The mediator and the parties negotiate a mediation contract, which acts as a “constitution” for the mediation relationship. The mediation contract determines, how the parties and the mediator approach each other.
Second. All relevant topics, which should be resolved during the mediation, need to be identified. This is achieved only after a thorough review of the situation.
During the third step, all conflicting areas will be discussed. This involves exchanges between both parties, the identification of arguing points and diverging interests, the removal communication hurdles and overcoming barriers of fear.
The fourth step leads to a consolidation of solutions which allows the closing of an agreement.
The fifth step contains the formulation of the agreement in a correct judical manner to ensure that all stipulations, which were made between the parties with the help of a mediator/lawyer, are recorded and are legally binding. The closing of the process needs to be done with a notarization depending on the various notarization requirements (for alimonies, community property, or real property).
The notarization can be done in the notary. This concludes the procedure without the participation in any court in a mostly irenic manner.
Any mediation is voluntary. It facilitates own responsibility and independence of the parties, advances communication and mutual understanding, while potentially saving money.
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The hourly rate for mediation could be negotiated in a private counsel with our attorneys. Depending on the situation and complexity it could range between EUR 130.00 to EUR 250.00