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    Definition
mediation
 
   

Who is mediation for?

Both large and medium sized companies and also private pratices are increasingly considering solving not only internal
conflicts but also disagreements with other companies by means of mediation in order to avoid court proceedings.

Also in the field of intellectual property, for example in the patent, trademark and design Act as well as in the field of
employees’ rights, mediation is an important tool for the solution of conflicts within these areas. Mediation can be applied
to the whole field of intellectual property law, including all types of contracts.

What is mediation?

Mediation is a procedure for resolving disputes out of court in which the parties, called mediants, try to find a solution
with the assistance of a neutral person, the mediator. The process of mediation has the advantage of being able to
take both sides’ interests into consideration before attempting to resolve the dispute.

What are the basic principles of mediation?

1. Voluntary

Mediation proceedings are voluntary. Mediation can only be successful when both parties are willing and prepared to
negotiate with the goal of finding a mutually acceptable solution to the conflict. Either mediant/party can stop the process
at any time.

2. Confidential

The principle of confidentiality prevents information presented during the mediation procedure being used in a
subsequent law suit. Therefore all participants are obliged to treat all and any information which comes to light during
the procedure with complete confidentiality.

3. Neutral and impartial

Neutrality and impartiality of the mediator are the basic prerequisites for a mediation proceeding.

The mediator’s role is to assist the parties in their negotiations. He is responsible for the mediation procedure;
the parties are solely responsible for the result and the outcome. The mediator has no authority to take decisions.
He will support any decision both parties agree to.

By way of specific techniques of asking questions to the parties and by way of directing the conversation, the mediator
guides the process to get to the root of the problem and to help/support the parties to obtain a wider view of the conflict
in question.

     
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