Mediation
Mediation - a bridge to agreement
The term "mediation" has its roots in Latin. As early as the 14th century mediator a person who mediates between two parties - especially for reconciliation. The word comes from the late Latin mediator ("mediator"), derived from the verb mediare ("to mediate, to interfere") and the root medius ("Centre"). Mediation In other words, it means building a bridge between the conflicting parties and finding a joint solution.
What is mediation?
Mediation is a structured, voluntary process for settling conflicts out of court. A neutral third party - the mediator - assists the parties in developing an amicable solution. Not only positions are taken into account, but above all the underlying interests and needs. The aim is to reach a sustainable agreement that all parties can support. Mediation is faster, more efficient and more cost-effective than a lengthy legal dispute.
Dr Hartmut Frenzel - Your partner in mediation
Dr Hartmut Frenzel is a mediator specialising in commercial and corporate mediation. With offices in Wuppertal and Hamburg, he helps companies, organisations and managers to resolve conflicts professionally before they escalate.
In addition to his work as a mediator, he brings extensive expertise in the areas of Occupational safety, Environmental protection, Data protection and Compliance with. His interdisciplinary approach enables him to view complex conflicts from different perspectives and develop customised solutions.
Specialisation in business mediation
Conflicts in companies can cause high costs - be it through protracted disputes, loss of productivity or damaged business relationships. This is precisely where business mediation comes in: It enables conflicts to be resolved in a structured and goal-orientated manner before they escalate.
Dr Frenzel supports companies in reaching a sustainable understanding - whether in the event of internal differences, conflicts between managing directors and shareholders or disputes with customers and business partners.
Basic principles of mediation
Mediation follows tried and tested principles that enable fair and effective conflict resolution:
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Transparency
The parties to the conflict are informed about the process at all times. They decide for themselves which information is shared openly and which remains confidential in individual discussions. -
Voluntariness
Participation in the mediation process is voluntary. Each party - as well as the mediator - can end the process at any time. -
Confidentiality
All parties involved undertake not to disclose the contents of the mediation to third parties. -
Personal responsibility
The parties develop their own solutions. The mediator does not impose any decisions, but supports the solution process. -
Comprehensive information situation
A viable agreement can only be reached if all relevant information and interests are made transparent. -
Active participation
The success of mediation depends on the active participation of all parties involved. -
Neutrality of the mediator
The mediator is impartial, i.e. he maintains an equal distance from all parties involved and conducts the process fairly and with an open outcome. -
Openness to different solutions
Mediation does not follow any fixed guidelines for the outcome. The solution is worked out together. -
Binding agreement at the end
The solutions developed in the mediation process are set out in a final agreement that is binding for all parties involved.
Mediation process
Mediation follows a tried and tested phase model:
- Introduction: Presentation of the procedure, clarification of the framework conditions and roles.
- Collection of topics: The parties to the conflict set out and structure the points at issue.
- Declaration of interest: The interests, needs and motives behind the positions are worked out.
- Solution search: Development of possible solutions by those involved.
- Negotiation: Evaluation and selection of the best solution.
- Agreement: Conclusion of a binding and sustainable agreement.
Costs of mediation
The fee for mediation is agreed on an hourly basis. The hourly rate is € 300.00 per hour plus VAT.
However, it is not only the hourly rate that is important, but also the total duration of the mediation. Thanks to a structured and solution-orientated approach, the process can often be concluded more quickly and cost-effectively than court proceedings.
For comparison: With an amount in dispute of € 500,000.00, legal costs of around € 30,000 can already be incurred in the first instance of a court case (see Legal costs calculator of the DAV). Mediation lasting 10 hours, on the other hand, costs only €3,000.00.
Mediation therefore not only offers financial benefits, but also facilitates a constructive solution that all parties involved can support.
Dr Hartmut is a member of the Bundesverband MEDIATION e. V. - Professional association for the promotion of understanding in conflicts.