Mediation and Arbitration

Why choose mediation and/or arbitration?

Litigation in an ordinary court might lead to problems that make such litigation virtually impossible - be it in Germany or in other European countries:

• Long duration of the proceedings, which might last up to several years depending on the case load of the court.
• A change of judge, which compromises continuity and potentially the quality of the decision.
• Public hearings.
• Costs and lawyers' fees can reach a considerable amount in a long lawsuit.
• Judges often lack factual knowledge in the actual subject of an action.
• Economic aspects have to take second place behind the legal situation.

This is why a forensically experienced lawyer will more and more often consider whether going for mediation and/or arbitration might not make more sense.

Benefits of mediation or arbitration:

• Mediation can avoid failure in the short term even in projects which first seemed doomed to fail.
• Mediation and arbitration procedures can be commenced within a short time.
• The duration of proceedings can be shortened to about six to twelve months when both parties co-operate.
• Factual knowledge can be ensured by choosing the right arbitrator.
• A change of judge is an exception.
• There are no public hearings .
• Mediator and even arbitrators may give economic criteria priority in their decisions.

It is advisable, to look into alternative methods to settle a dispute according to these criteria in equipment and plant projects, in logistics projects and in projects concerning the introduction of software solutions.

• case to case examination of the best possible conditions of either


    - mediation,
    - settlement,
    - arbitration,
    - legal proceeding in front of ordinary jurisdiction


• legal representation in all these proceedings