Compared to the approach of lawyers and the procedure in court proceedings, the costs of mediation are structured in a very specific way according to their principles.
It will always be a question of cost. You always have the right to involve a lawyer in your conflict and / or to go to court. The only question that arises is:
At what cost?
Can mediation do anything else?
At the expense of your wallet, your demands and your needs
Winner and Loser
At the end of legal proceedings, one of the two parties usually loses. She loses twice. On the one hand, she has to waive many of her claims, on the other hand she has to pay for the legal and court costs. So it may be at the expense of your wallet and your own claims.
One of the principles of mediation is that there is no loser. Mediation wants the mutual agreement of both parties. It seeks consensus, not compromise. And that is only possible because the procedure of every mediation does not focus on claims, but on needs. As far as the question of costs is concerned, the following results for mediation:
- You do not lose any claims. Rather, as part of mediation, you will learn to recognize and express the needs behind the supposed claims - for you and for the other party. Claims are becoming obsolete, in retrospect they appear insane at best.
- The loser is not asked to pay. On the one hand, both parties share in the costs of the mediation right from the start. And on the other hand, there is no loser in mediation who could be asked to pay.
Our costs: You can find out about these in a personal conversation with us.
At the expense of your wallet
Litigation value for lawyers
The profit that a lawyer can accumulate from a dispute is not only based on the time he invests for you, but also on the value of the dispute and can be read in the law. However, this can turn out differently, depending on the legal area.
The value of the litigation is irrelevant for mediation. This value is irrelevant for the simple reason that mediation does not focus on material goods, but at most on the feelings and needs associated with these goods. A mediator will never ask you about the monetary value of a material good without first clarifying the underlying relationship between you and the good.
Duration of the dispute process
In addition, the duration of a legal dispute can drag on for years. The door and gate is open to the possibility of enrichment to the client.
The mediator has no way of enriching himself with your conflict. At the beginning of each mediation, the strength of the conflict is determined. If it turns out in the course of the mediation that an escalation level has been exceeded in which mediation can help, then the mediation is interrupted. Alternative approaches are discussed.
If desired, a lump sum can even be set for the entire mediation - regardless of the duration of the mediation.
At the expense of well-being
Duration of the dispute process - psychological and social suffering
While a court process can drag on for years, mediation is usually limited to a few sessions.
It goes without saying that a process that takes years to resolve certain claims - custody, inheritance, divorce, etc. - is not beneficial for any of the parties involved. The best-known side effects of such protracted litigation include both psychological and social suffering; in interaction.
Your child's wellbeing
Lawyers commit to one party. The opponent and third parties such as your child's needs are initially disregarded. Litigation may call for your child's opinion, forcing a decision from your child if need be. This can be at the expense of your child's wellbeing.
A mediation, especially a proxy mediation, gives an opinion on the needs of your child in the absence of the child. Your child is then just like you and the party to the conflict at the centre of the mediation process. The following applies to every mediation: If it turns out in the mediation process that the opinion of a third party is necessary to resolve the conflict, then this third party will be involved in the mediation process. In proxy mediation, we take your child's side. In this way we save the child the process that cannot do justice to a child in any way. And we save you the emotional suffering that you experience when you feel the sadness of a child, when it has to take an unsuspecting position on something that it has not started itself.
At the expense of trust
What reaction does it trigger in you when the person you are having a conflict with calls on a lawyer? And what is your next action, if even a child is involved? From experience it can be said that the involvement of a lawyer by one party has one effect: the involvement of a lawyer by the other party. The fight for claims has begun, the space for listening to the respective needs is shrinking immensely. As a parent z. For example, you certainly don't want to part ways in a compromise between both parents who have no trust in the one who spends most of your time with your child in your absence.
By mutually agreeing to mediation, you give trust to the other party by professing yourself to show the will to resolve the conflict amicably. This leap of faith works wonders! If the other party also agrees to mediation, you move a little closer to a solution goal that is based on trust and thus paves the way for a solution that is more like a consensus than a compromise.
Every mediation is based on three assumptions:
- Everyone has a good reason for their actions; H. for his actions and reactions.
- Often you and the other party are not aware of these reasons.
- By bringing out these reasons and making them audible, almost every argument, almost every escalation can be nipped in the bud.
Embark on this process, have confidence. You give it to yourself, the other party, your child.
At the expense of your free will
Not at the end of the day: if you are summoned to a court, do not appear, you face bus money. However, the fact that you don't or don't want to appear shows that you don't want to attend. In other words: the opposing party can force you to go to court - the only less promising alternative: a fine or imprisonment.
All parties take part in mediation voluntarily, coercion excluded.
And imagine something else:
- There is no judge sitting in front of you, who will give the final verdict; Rather, the mediator helps all parties to find a solution in an impartial manner.
- You are still bound to this mediator. Because just as you voluntarily consent to mediation, it is common sense in mediation that you can exchange the mediator if you cannot imagine working together.
At the expense of your reputation
If you lose a lawsuit, it can lead to a loss of reputation for one of the two parties in the relationship dispute;
- In a relationship dispute, reputation and impact in the social environment can suffer,
- in a dispute between two employees (regardless of hierarchical position) it not only leads to a disturbed working atmosphere, decreasing efficiency, a disturbed work-life balance, but possibly also to job loss
- In inter-company disputes, damage to the company image is not uncommon. These result in project delays or the turning away of contractual partners, and in the worst case scenario lead to bankruptcy.
Consensus as the maxim of mediation is primarily concerned with averting such lasting damage by bringing the parties to the common denominator. Behind every relationship, behind every employee relationship and behind every company there are people with needs. There are no relationships and no corporate relationships without the people behind them. Being a parent, employee, employee, managing director and owner is just a description of a position in a system. For the mediation of concerns, the individual who fills this position is. The main focus of the mediators, which is on people, who have feelings and have needs, allows them to avoid damage to their reputation on the basis of these needs and interests.