Business mediation: dispute resolution for SMEs

Mediation is a structured process for dispute resolution. In court, parties try to enforce their positions: "I have a legal claim to ... and want to have it". In mediation we ask about the interests behind the position: "Why is it important for you to have ...?". Mediation is based on various principles, including impartiality, openness to results, voluntariness, personal responsibility, informedness & confidentiality.

Why is mediation different?

A simple textbook example of mediation

1. Initial meeting

The mediator presents the procedure, explains the basic rules, answers any reservations and concludes an agreement with the parties.

2. Topic collection

The parties are asked one by one by the mediator what topics need to be discussed in mediation.

3. Clarification of interests

The mediator clarifies with each party the interests behind the topics mentioned as a basis for the resolution options.

4. Solution finding

The parties consider possible solutions, taking into account their interests. At the end, an agreement is concluded.

Marius Schindler studied business and law at the University of Zurich.

He is a trained mediator for business & professional mediation, succession & estate planning, family business as well as separation & divorce and is recognized by the Swiss Mediation Association.

Marius Schindler is specialized in highly controversial multi-party conflicts and has completed various systemic trainings.

Mediation is charged by the hour. At Expertiva AG this is CHF 240.00 per hour plus VAT. The first hour is always charged entirely, thereafter per quarter of an hour or part thereof.

A mediation process takes different lengths of time. For separations and divorces, 5 - 8 sessions are often required. For business mediation and succession planning, usually more.

All parties concerned and at least one mediator should be at the negotiating table. If desired, a second mediator may also be present.

A session usually lasts between 90 and 120 minutes. Longer sessions are possible but only conditionally useful depending on the setting.

Yes. Unlike court proceedings, participation in mediation is voluntary by all parties and can be stopped at any time.

No. A basic principle of mediation is openness to solutions. In principle, it is also possible that no solution is found.

Yes. The parties may also bring their lawyers to a mediation. It is also possible that the final agreement reached will be reviewed by the lawyer.

No. The mediator guarantees neutrality to the parties and encourages communication and development of solution options among them.