Mediation is an alternative, out-of-court procedure for conflict resolution. The mediator accompanies and guides the parties in finding a solution. The aim is to find a lasting solution that is based on the interests of the parties and is acceptable to all. A prerequisite for mediation is that all parties agree to it. Mediation can be particularly beneficial when the personal relationship between the parties plays an important role in the long term.
With Denis Hofstetter, Mediator, our firm has a mediator trained at the Lucerne University of Applied Sciences and Arts who holds the Certificate of Advanced Studies (CAS) Mediation Basics and regularly attends further training. He will be happy to support you in alternative dispute resolution.
Mediation and Real Estate
- Mediation in the objection procedure between the building owner and the objector can speed up the process of obtaining a building permit.
- Neighbour disputes, for example concerning the border distances of trees, can be mediated to the benefit of all parties involved.
- In rural land law, mediation can be used, for example, in the transfer of a farm to the next generation or in disputes with tenants entitled to buy in advance.
- Differences of opinion between usufructuaries and owners concerning maintenance or the like can be resolved by mediation.
- Disputes arising from purchase agreements, contracts for work and services or planning agreements (total contractor agreements and general contractor agreements as well as consortium agreements, i.e. partnership agreements of construction companies and consortiums), for example concerning price (construction work invoicing), quality (construction defects) or deadlines (construction delays) based on SIA standard 118 or SIA LHO 102, 103, etc., can usually be resolved by mediation in a way that saves resources and time.
- Disputes between landlords and tenants, for example concerning a notice of termination with extension, can be well mediated.
- Differences between condominium owners within the condominium owners' association can be settled amicably through mediation.
Mediation and Inheritance
- Inheritance disputes can be prevented if the testator settles the allocation of assets with the heirs in good time by means of mediation.
- The division of the estate can be accelerated if the parties allow themselves to be mediated in the process.
- Conflicts in business succession can be resolved through mediation.
Mediation in organisations and companies
- The performance of management bodies such as boards of directors or cities or municipalities suffers from conflicts. Mediation is used to reveal interests, define strategies and work out constructive solutions.Teams suffering from leadership problems or mobbing can get out of it by means of mediation.
- Mediation can provide support in the sale of share packages.Mediation in start-ups Counselling helps not to slow down growth through conflicts.