Conflicts under family or inheritance law do not always need to be handled in court. The alternative, in particular for emotional disputes that will no longer move anywhere is in mediation.
Mediation means mediating between the parties with the target of finding a solution out of court – amicably and sustainably for both parties. However, mediation is only suitable when all parties of a conflict truly want the mediation proceedings.
It is based on voluntary participation, acceptance, openness and confidentiality.
Determination of interests
Mediation should commence by initiating a communication process in which both parties present their interests, needs, points of view and definitions of problems – and listen to each other. What is this about? What is important to them? The opening promotes understanding and is the basis for further mediation phases and options for a solution.
Mediation between the parties
In this phase, the conflict parties are to develop several solution-oriented ideas in creative exchange. Old thought patterns are to be overcome in a relaxed atmosphere and new paths are to be taken. Suggestions will be collected without evaluation first. The only question relevant here is that of which options are conceivable at all.
Conflict settlement by consensus
Once ideas are collected, they will be evaluated, weighted and the suggestions for potential solutions will be selected. The subsequent effects of the suggestions must be critically considered based on the interests and needs discussed earlier. Which options can be realistically implemented? What compromises can all parties live with?
Out-of-court conflict settlement
The initial phase of mediation deals with developing an agreement that is sustainable for both parties and the question of how it will actually be put into practice. In order to secure the decisions made and to factually and symbolically increase their commitment, it is sensible to stipulate it with signatures and to confirm that the dispute has been solved.
Different interpretations of the testament, the allegedly unfair distribution of an estate – heirs often dispute heatedly after an inheritance. Since the inheritance can be a difficult, emotionally stressful situation of the parties affected anyway, an amicable settlement with little stress is all the more important here.
The sensitive mesh of the family offers plenty of potential conflict points away from inheritance disputes as well. Subjects go from tools "borrowed" and not returned to custody disputes concerning children. Disputes happen in any family – and professional mediation may be able to settle it in just a few meetings.
Solving disputes peacefully – a mediator can help
The mediator is responsible for the structured, process-controlled proceedings of mediation. As a neutral third party for all, he or she will mediate between the disputing parties. Usually, mediators do not make any decisions of their own that will directly lead to settlement. Instead, they will support the parties in developing matching offers together and in fair interaction. These suggestions form the basis for satisfactory further development and approximation of the different points of view. The target here is a win-win situation for all parties, solving the conflict at hand while preventing recurrence in the long run.
Disputes about inheritance matters seem run-in and impossible to solve? A family conflict isn't moving anywhere anymore at all? We will gladly take over the function of mediator in your individual case and discuss your matters in a non-committal initial consultation that leaves space for your questions and expectations.
By the way: By the way: out-of-court mediation usually costs less than proceedings before a state court.
Contact us ...
Auch in Zeiten der sog. „zweiten Welle“ sind wir für Sie da.
Natürlich halten wir zu Ihrem Schutz und dem unseren gesamten Teams alle Hygiene- und Abstandsregeln ein.
Wir bitten auch Sie, Masken zu tragen. In unseren Besprechungsräumen haben wir zum Schutz Plexiglasscheiben aufgestellt, wo Sie - wenn Sie möchten - die Maske abnehmen können.
Gerne führen wir weiterhin Beratungen telefonisch durch.
Auch Video- oder Telefonkonferenzen über Zoom oder Microsoft Teams haben sich bewährt. Selbst Erstberatungen sind so erfolgreich möglich.
Ihre Renate Maltry