Dispute resolution is one of our core areas of work.
This is the time for a new approach in dealing with the culture of dispute.
Mutually agreeable dispute resolutions are more cost-effective and quicker, and in the end there is less harm done than in litigation. Mutually consensual agreements preserve personal and business relationships, and the parties often even benefit from the conflict. Apart from direct economic advantages, companies preferring professionally accompanied amicable agreements over controversial disputes also benefit from an image gain when effectively promoting this corporate policy. Professional conflict management has meanwhile been acknowledged as an independent professional legal service for which the expert with specific knowledge and experience is required. Clients expect their lawyer to provide competent advice, starting with the fundamental decision on the selection of the most suitable procedure. For any alternative approaches, in-depth knowledge and practical experience with the selected procedures are indispensable. As a specialist for out-of-court agreements, we can offer you this competency.
However, special knowledge is not enough without the appropriate attitude towards the respective procedure. This is true not only for the neutral function of a mediator or conciliator. A lawyer who wants to enforce unilateral positions with confrontational negotiation tactics is out of place as a party's advocate in mediation or conciliation. A personality with a keen sense for diverse interests and the ability to establish trust in constructive negotiations will be much more successful (cf. May/Hartung, NJW-aktuell 5/2014, 12).
In the area of dispute resolution we deal with commercial law conflicts in the widest sense, including but not limited to disputes among shareholders and partners of all types of enterprises (also joint ventures, project companies, family businesses) in various business and industry sectors. In all other types of disputes between enterprises one of our core areas is the commercial real estate sector based on our experience as real estate lawyers. However, our activities as business lawyer and mediators are also in this respect not restricted to particular economic sectors.
There are various proceedings through which a mutually agreeable dispute resolution can be reached. In mediation, conciliation and other procedures of alternative dispute resolution - ADR, we either take the role as neutral intermediaries or as advisors to one of the parties. The chances these procedures offer to enterprises can hardly be overestimated. Enterprises waste substantial value creation potential when ignoring ADR procedures. Suitable procedures can increase this value creation potential.
We also bring in our special competences when searching for negotiated solutions outside formal proceedings.Our range of services includes goal-oriented negotiation mandates for resolving given conflicts as well as preventive measures that can avoid conflicts, sometimes already during the negotiation of contracts.
A further field in which mediation competency proves beneficial is project-related conflict management. This can primarily be applied in the development and implementation of larger projects in the real estate industry, infrastructure and the construction of plants. These areas of application are highly susceptible to conflicts which can be significantly reduced by using the right means for the benefit of all parties.