What is mediation?

Mediation is a way to resolve conflicts without going to court. Instead, the parties resolve their problem themselves with the help of a mediator. This can be a lawyer who has received special training, or someone else who is not a lawyer. Mediation is often faster and cheaper than going to court.

The mediator is independent and helps both parties equally. He or she suggests different options and guides the parties to an agreement. This agreement is recorded in a mediation agreement.

A lawyer can only become a mediator if he has received specific training and is recognised as a mediator. He must undergo regular training and adhere to a code of ethics.

It is not the mediator’s job to provide legal information. This is the role of the parties’ lawyers. This is because a lawyer is biased, while the mediator remains neutral. If the parties do not have a lawyer and the mediator feels it is important to inform them about their rights, he will advise them to consult a lawyer.

Everything discussed during mediation is confidential; all parties must abide by this. If the mediation ends without an agreement, there will be no negative consequences for either party.

Voluntary and judicial mediation

Voluntary mediation

You can always opt for mediation separate from any legal proceedings. You then seek a mediator together with the other party or have a third party do so. Agreements are recorded in a written mediation protocol, signed by both parties and the mediator.

Judicial mediation

During court proceedings, the parties themselves can ask for mediation, or the judge can suggest it. The parties then jointly choose an approved mediator, who the judge will subsequently name in the judgment. If agreed, this is recorded in a written mediation agreement and confirmed by the judge. Without an agreement, the court proceedings continue.

Where do I find a mediator?

The Federal Mediation Commission recognizes mediators. There are mediators in family cases, in civil and commercial cases, social cases but also in tax cases, neighborhood mediation, restorative mediation in criminal cases and in the context of special youth care. For the list of recognized mediators, you can go here.

There are also mediators who have completed mediator training at a recognized organization but are not recognized by the Federal Mediation Commission

What does a mediator cost?

The costs of a mediator are agreed in a mediation protocol. Normally, the parties each pay half of the mediator’s costs and fees, unless they agree otherwise.

Problems with your lawyer?

You can request a request for intervention from our President of the bar. Or you can also turn to Ligeca‘s Ombuds Service for this purpose. They handle all possible conflicts that may arise between a lawyer and his/her clients, and which relate to the lawyer’s professional services. Lawyers themselves can also turn to that Ombuds Service. All ombudsmen and women are accredited mediators. Thus, they guarantee a human and correct approach to the complaint.