Mediation

Mediation in the strict sense is a confidential, structured procedure in which the parties voluntarily and autonomously seek an amicable resolution of their conflict. The mediator, as an independent and neutral person, takes no substantive position on the issues in dispute, but guides the parties through a structured exchange aimed at a solution developed by the parties themselves.

Complex construction disputes, in particular, often require a neutral third party who also advises the parties on substantive matters and makes recommendations for a reliable assessment of the dispute. This is not mediation in the traditional sense, but another form of moderated dispute resolution. In practice, hybrid forms of different dispute resolution models are increasingly common; the decisive factor is no longer a predefined procedure, but the parties’ individual needs and the resulting role of the dispute resolver.