Commercial Mediation

Mediation is a structured, voluntary procedure for the constructive settlement of a conflict in which an independent “all-party” third party, the mediator, accompanies the conflict parties in their resolution process. The conflict parties, the medians, work on a common, binding agreement.

The aim of mediation is the amicable, extrajudicial resolution of conflicts through the mutual exchange of conflict backgrounds and a binding, forward-looking agreement between the participants. In contrast to court proceedings, mediation intend to achieve a win for both parties to the conflict.

The most important basic idea of mediation is the personal responsibility of the conflict parties: The mediator is responsible for the process; the parties are responsible for the content. The idea behind this is that the parties to a conflict themselves know best how to resolve it. The conflict, however, prevents access to the resources and solution competencies of the conflict parties.

As a mediator, HSMV takes over process responsibility for the conduct of the discussion, among other things by proposing the structure and by asking questions focusing on clarifying facts and in particular identifying the individual needs and interests of the parties.

Confidentiality is a core element of mediation and an integral part of the mediation agreement. The mediator and the parties to the conflict commit oneself not to use outside the mediation process any information they become aware of during the course of the mediation.

In addition to the actual objective of mediation - for example the creation of a viable business succession, the continuation of successful cooperation among shareholders or at management level - there are also goals that are outside the actual process:

  • Consideration of interests that would be ignored in a civil lawsuit
  • Reduction of procedural and post-conflict costs
  • Avoidance of publicity
  • Conservation of personnel and operational resources

The fields of application of the mediation process are manifold. They concern both the internal area and conflicts between companies and third parties.

Support in change processes with conflict potential:

  • Company succession
  • Changes in shareholder structure
  • Acquisition of companies or participations
  • Transformation of enterprises
  • Foundation of companies

Staff Interviews:

  • Mediative clarification of differences or conflicts between employees
  • Support during employee development interviews

Conflict coaching – individual support for individual parties in conflict situations.

Contact person

Elke Weiler
Master of business administration ("Diplom-Kauffrau"), Tax advisor, Consultant for mediation (DStV e.V.)