Mediation
“Mediation“ is a process aimed at resolving conflicts out of court. For clients, mediation may be a viable alternative to arbitration or legal proceedings as well as to a judicial settlement for the following reasons:
Goal- and future-oriented proceedings
The focus is on the parties‘ stakes. Unlike with legal proceedings, it is about shaping the future rather than coping with the past.
Solution-oriented “win-win“ results
Unlike with adversary proceedings, there are no losers. The mediators at LSV help the parties carve out their real interests, often achieving “win-win“ results. At the end of the mediation proceedings we recommend documenting the solutions considered feasible by both parties in a final agreement. The mediators at LSV review the contract for its legal effect. There is no need for a “compulsory acceptance“ unlike before the court.
Active involvement of all parties
The proceedings have a lasting effect. With mediation, the client retains the autonomy in regards to the content (unlike this would be the case with legal proceedings). He determines the topics of negotiation. Our mediators contribute their legal expertise and guide the proceedings in their capacity as moderators. Thus, the parties share the responsibility for the outcome.
Preservation of the relationship among the parties
The trusting basis of business relationships is restored for the mutual benefit. This helps prevent for example the search for new employees, managing directors / bodies, clients or business partners, which would be necessary in the event of separation or dismissal, or if the business ties are severed. In the context of family matters, it means maintaining law and order.
A high degree of confidentiality is guaranteed
The discretionary nature of the proceedings makes it possible to prevent reputational risks or losses.
Significant cost and time savings
Compared to a lawsuit, the flexible and thus usually fast proceedings are significantly less costly. The fee of our mediators is usually based on the actual time spent, granting the parties full control over the accruing costs at all times.
How does LSV support its clients?
- In voluntary and self-determined proceedings, the mediator of LSV in its role as neutral mediator helps the parties to the conflict in finding a mutually agreeable solution.
- The mediator is appointed as the representative of all parties, that is to say, he will not only act in a neutral fashion but in the interest of all parties. The goal is for the mediator to balance the different interests and to assist all parties; the end result is an agreement that is worked out jointly by all involved parties.
Areas of application
Among other things, the mediators of LSV can provide assistance with the resolution of the following conflicts:
- between businesses (“B2B“)
- between shareholders and the corporate management
- between businesses and their clients (“B2C“)
- following business acquisitions (“post M&A“)
in connection with corporate restructuring efforts/negotiations between businesses and groups of creditors
- related to separation and divorce mediation governed by Family Law
- associated with the succession in family-owned businesses
- concerning disputes within communities of heirs
