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Your Real Estate Lawyers
Efficiency, entrepreneurial thinking and our clients success are our top priorities.
Mediation (sometimes also referred to as out-of-court dispute resolution) offers the opportunity to conduct a procedure on a voluntary basis between the parties in a transparent, usually short and financially acceptable scope. In this process, the interests of the parties are to be taken into account and can take into account economic, psychological and individual aspects of this dispute considerably better than is often the case in court proceedings. Mediations are aimed at agreeing on the best possible solution with a maximum of acceptance. More and more, mediations are even offered by courts, since not every dispute requires a harsh verdict hitting one party.
Dr. Jasper is certified as a mediator. This many years of experience not only helps in the drafting of contracts, but also in the avoidance of conflicts.
Mediation is based on an orderly process and fundamental principles.
Mediation itself can be divided into different phases. In the first phase, the mediator and the parties get an overview of the problem. At the end of this first phase there is usually a mediation agreement between the parties. In the second phase, the conflict is approached for resolution.
The mediator may not assume the role of judge or arbitrator. He is obliged to the strictest neutrality. The parties themselves are the experts of the conflict. They should settle the conflict themselves with the help of the mediator. This is called the principle of self-responsibility.
Thus, the following principles of mediation emerge: In addition to self-responsibility and voluntariness they also include confidentiality, informedness and the neutrality or impartiality of the mediator.
The costs of mediation can be freely agreed. There are no legal regulations on this. The parties should agree on a remuneration arrangement in the mediation agreement with the mediator. A lump sum is recommended if the scope can be determined with some certainty. Otherwise, an hourly agreement is a good idea, as is the case with lawyers or accountants. Here the hourly rates probably vary between one hundred and several hundred euros net plus VAT and expenses. Since the quality of the mediator often determines the success or failure of a mediation, the parties should not save money at this point.
Whether attorney, arbitrator, experts in construction, banking or corporate law: JASPER attorneys provide highly specialized legal advice. We look forward to your call under +49(0)211 492590 or by mail to mail@jasper-law.com.