Mediation

Mediation in a labour dispute or business dispute

 

As a qualified MfN mediator, we are happy to assist you in resolving your (business) dispute. We act as mediator in labour disputes, corporate disputes, shareholder disputes, conflicts between employees and other disputes.

 

What is mediation?

 

Mediation is a form of conflict resolution in which you solve the conflict together with the other party, under the guidance of an independent mediator. This mediator is therefore not a judge who imposes a decision, but an independent and neutral conversation leader.

Mediation often consists of one or a number of conversations in which you try to get to the heart of the dispute together with the other party and in which both parties jointly seek solutions. Because you must actively participate and think about a solution, in many cases a tailor-made solution is possible that considers the interests of both parties.

 

Confidentiality and voluntary

Two important aspects of mediation are confidentiality and voluntary.
The confidentiality in mediation means that both parties and the mediator are not allowed to make any announcements about what has been decided during the mediation talks. This secrecy allows both parties to talk openly to each other without running the risk of the other party discussing or making announcements about the content of the conversations with third parties.

Voluntary means that only if you and the other party are willing to try to resolve the disputes through mediation can a mediation process be initiated. No one can be required to participate in mediation. This voluntary is also true during the mediation process. If you or the other party wants to end mediation at any time, you can. The other party will have to accept that, whatever the reason.

mediation also in case of a solution in business disputes

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Pros and cons

 

The advantages of mediation compared to legal proceedings are:
  • the participating parties shall decide together what needs to be done to resolve the conflict.
  • the participating parties may agree on solutions which a court cannot impose because it is bound by the laws and regulations.
  • a mediation process usually consists of one or a few interviews and can therefore be completed much more quickly than legal proceedings.
  • because a mediator works for both parties, this saves on costs.
  • mediation has an informal character and often leads to the relationship between the parties remaining good or can be concluded in an effective way.
Mediation may also have drawbacks:
  • the mediator informs and guides the parties neutrally and impartially. If one of the parties wishes to have advice on only his/her own interest, this party can call in its own advisor.
  • since the mediator cannot enforce a solution, the outcome of the mediation depends entirely on the attitude of both parties.
  • if mediation fails, legal proceedings are often required to bring the conflict to an end. For this, both parties must either hire their own advisor or lawyer.

 

Mediation can be used in all kinds of conflicts and usually leads to a sustainable solution.