What is mediation?
Mediation is a (internationally accepted) form of Alternative Dispute Resolution. Mediation is a process in which an independent third party, the mediator, assists disputing parties in resolving their conflict. The mediator guides the process towards a resolution of the conflict. The communication between the parties – and the negotiations to reach a resolution which is supported by all parties – plays an important role in this process.
Unlike what is common practice in litigation processes, the parties themselves can directly influence the resolution of the dispute. This creates scope for negotiations that do more justice to the (commercial) interests involved.
Mediation generally progresses faster than litigation.
The relationship between the participating parties is either preserved or restored; or the parties agree on the termination of the (business) relation. Unlike a litigation process, there are no losers in a successful mediation process; it is a win-win situation. After all, the customized resolution is supported by the parties involved and as a result the parties are more committed thereto.
Nearly all conflicts are suitable for mediation. My services mainly focus on conflicts between employer/employee, co-directors, co-shareholders, principal/contractor, neighbors, associations of owners, members of a partnership, and family businesses.
Mediation is only suitable for parties who want to participate voluntarily.
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