Business comes into play when companies with each other in the Clinch. Business mediation is thus a specific conflict management-variant.
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When the business is it – other than in relation to proceedings – not to defeat the opponent, but about as much as possible to win.
What speaks for a business?
As long as you have a process, whose outcome is in most cases uncertain, you can for your company plan. In the business, you can reach in far the most part of the cases in a short time, a binding solution, the uncertainty for planning purposes eliminated.
2. You reduce your costs
The business is much more cost effective than court proceedings. In particular, when a lawsuit by multiple instances of the draws. The legal procedures not only cause costs for courts and lawyers, but also focus parts of the company from their actual tasks. This creates significant additional costs, since this time "refinished".
Processes can take years. Most of the mediations, in contrast, take as a rule three to five sessions of two to four hours. Compact procedures take sometimes even less than a day. In a business so come not only faster to a result, but you should also contact less time.
3. You see what the other side really wil
The business mediation takes place in an informal atmosphere. This gives you the opportunity to work directly with the other side to speak. This will tell you what the other party really wants. This information is usually much faster to a constructive solution as the Argument of the "legally relevant facts" before the court.
4. You can use your interests to explain
In Mediation you can use the other hand to explain what you do at this thing goes, what you really need and where you are willing to give in or compromise. You can also – in contrast to court proceedings –h talking about emotions and the other side to make clear what she whose behaviour is disturbed.
5. They put their resources in a meaningful a
Long processes to deal not only lawyers, but often entire departments of the company. In this time, your employees can't be productive, but need to the legal Department and the lawyers support a successful Prozessausgang bring about.
6. You can retain your valuable customer relationships
It is generally known: It costs much less, existing customer relationships to maintain as new customer relationships. If you have a lawsuit against a customer or a supplier, you can assume that this relationship is finished. The goal of business is to find common interests to collaborate to enable and to receive.
7. You keep your good reputation
Court hearings are open to the public. The results of this procedure are frequently under the name of one of the participating companies will be published. Following the trial then read in the press, what you all have done wrong. This can be a sustainable reputation. In the business remains, however, everything secret. Nothing without your consent in the Public sector.
8. You retain control
A lawsuit is like an arrow from a bow shoot. You can only the shooting. Then the arrow flies without your intervention. You lay claim. Then developed the process his own life. Attorneys want and need – they have finally learned to "legally" victories. Usually, continue to be the economic interests on the track. In a Mediation, it is different. You as an entrepreneur are always in control of the situation and determine what will be negotiated.
9. You decide!
At the end of an ordinary court proceedings, the judge decides, without that you have influence. In Mediation, however, keep the parties have the absolute control, it comes to no results, the parties can not accept.
10. Commercial mediation – a success story
Clear. If you are injured, you want to defend yourself. Usually, the desire for a "warrior" of the other "finally, one on the roof is" understandable. But at what price? Practice and different studies show clearly that the mediation process more efficient, cheaper and more sustainable than a years-long dispute in court. And thus a genuine Alternative.
By the way: According to the latest studies, which have economic mediation a success probability of about 85%!
Wirtschaftsmediator David D. Kaspar
As a lawyer (MLaw) and Wirtschaftsmediator (MM) knows David D. Kaspar conflicts and their significance for the Participants from different perspectives. He moderated and are mediated today, complex conflict and negotiation situations and is as a Coach and lecturer for conflict management at various academies and training act. the