Dr. Fassbender Rechtsanwälte | Zwangsvollstreckung Schweiz

Mediations

"By arguing too long, you lose the truth."

In Chinese, the word listening is formed from four terms:
  1. Eyes,

  2. Ears,

  3. Attention and

  4. an open heart.

At the same time, these are the most important elements of successful mediation.

 

Shape your subjective right!

Isn't it the case that going to the lawyer is often motivated by the feeling of finally getting one's rights? And then everything turns out quite differently, the judge did not understand you, the evidence could not be produced, the legal situation does not allow your own claim. Then a court case creates a frustrating feeling, you actually got everything out of it, somehow the judge, bound by law and justice, could not pacify the situation with his verdict. Can the parties still look each other in the eye or even work together?

Those who go to court receive objective justice. Those who want to shape law and subjectively perceived justice themselves can achieve this through a mediation process.

 

Where does mediation come from?

The term mediation is derived from the Latin adjective "medius". It means being in the middle (between two views or parties), impartial and mediating. Mediation has roots dating back thousands of years to dispute resolution mechanisms developed in ancient tribal societies.

What is mediation?

Mediation is an out-of-court constructive conflict resolution process in which the parties involved in the conflict, through the mediation of the mediator, come to their own mutually agreeable solution that meets their interests and needs. No decisions are made by a mediator, nor are recommendations or suggestions formulated for a possible solution to the conflict.

The mediator is impartial and acts as the guardian of the proceedings. The goal of mediation is a binding, written and forward-looking agreement that is supported by both parties to the conflict.

What does mediation do?
By listening to all parties involved in the conflict, expressing their feelings and clarifying their own interests, a mutual exchange between the conflict parties regarding the background of the conflict is possible. Mediation offers a protected framework for this, in order to be able to build understanding and new trust in each other. Unlike court proceedings, mediation is future-oriented. The past is not judged and blame is not sought, but a solution for the future is developed in a creative manner.

Some fields of application of mediation

  • In organizations, e.g. conflicts between employees or employees and managers
  • Disagreement between business partners (conflicts arising from contract regulations or from contract execution)
  • In the construction sector (conflicts between owners and contractors)
  • In marital disputes
  • For succession planning in (family) businesses
  • In Schools (conflicts between teachers, students and parents)
  • Neighbor disputes, etc.
 

Mediation or litigation?

In principle, a solution to a conflict that has been worked out through the consensual cooperation of those affected brings greater satisfaction and endurance. If everyone was able to contribute and their interests were taken into account, a conflict can also be resolved internally. In the event of a legal dispute, the parties must accept the verdict.

From a financial point of view, mediation is also more cost-effective in the case of high amounts in dispute, as it is billed on an hourly fee basis and not according to the amount in dispute, as is usually the case in court proceedings.

 

Mediator training

Attorney Dr. Marcel Faßbender and Attorney Nicole-Denise Faßbender have each completed mediation training in accordance with the guidelines of the Federal Association for Mediation in Business and Labor (BMWA) and the Federal Association for Mediation (BM). (BM).
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