Classical dispute resolution mechanisms such as arbitration or litigation can absorb significant amounts of time, money, and other corporate resources. To make things worse, business relationship can be irremediably severed through so-called “positional” methods such as litigation and arbitration.
Mediation addresses these concerns: In mediation, parties attempt to solve their conflict with the assistance of one or two neutrals, the mediator(s). A mediator – unlike a conciliator – has no mandate to give guidance on the subject-matter of the conflict. Instead, a mediator is only in charge of the process. It is for the parties to find common ground for a solution. The mediator will facilitate the parties’ endeavour – by asking questions, structuring the discussion, and helping the parties record what they can and what they cannot agree to.
The lawyers of BODENHEIMER HERZBERG have extensive experience as party’s counsel in both, domestic and international mediations. Examples of mediation cases in which BODENHEIMER HERZBERG were active include commercial disputes, shareholder disputes, construction matters, IP disputes and covers sports related matters as well.
Mediated a shareholder dispute over the transfer of shares to a third Party in a matter where the applicable by-laws foresaw a transfer among family members only.
Mediated a matter revolving around the dissolution of a professional partnership, including the distribution of assets and finding common ground for future cooperation.
Mediated a technical dispute between two industry players over the conformity of performance parameters with contractual terms.
Mediated a case on the termination of a cooperation agreement over the management of an outlet centre.
Mediated a case centered around a request for damages for late performance of a construction company for a high-rise office structure in Eastern Europe.
Mediated a complex construction dispute over the completion of an industrial plant and the commencement of the warranty period.
In most settings, there is truth to the proverbial question: “How can you afford not to mediate?” This said, some conflicts are just not suitable for mediation. BODENHEIMER HERZBERG can help you tell the different cases apart. Establishing conflict management systems achieves this objective on a general level, We also routinely undertake corresponding reviews on a case-by-case basis.