Mediation/Alternative Dispute Resolution Lawyers

Time-saving and cost-effective alternative dispute resolution methods (ADR) are more and more in demand due to the increasing complexity of business disputes, closer economic ties between companies and the resulting need to maintain business relationships during and after disputes.

In addition to arbitration proceedings, these methods primarily include mediation, conciliation, adjudication and expert determination.

Our specialist ADR lawyers not only advise on the most suitable method of resolving the specific dispute. They also have the expertise to conduct the relevant proceedings and act as arbitrators, business mediators, conciliators and adjudicators.

Main focus

Mediation
Mediation is a voluntary procedure aimed at resolving a dispute constructively. The objective is for the parties themselves to develop a forward-looking solution that fully meets their interests, with the support of an independent mediator. Unlike a conciliator, a mediator does not make a decision; he is "only" responsible for ensuring that the procedure is properly structured. Mediation can be used at various stages: independently of court proceedings (out-of-court mediation), during court proceedings but outside the court (court-related mediation) or during court proceedings but conducted by a different judge (court-internal mediation). The principal advantage of mediation is that the confidentiality agreed among the parties allows them to conduct an open discussion that is not dominated by positions. As a result, creative and sustainable solutions can be developed, with the success rate being around 80 %.

Conciliation
In a conciliation procedure, a neutral third party initially endeavours to act as intermediary between the parties. If necessary, the conciliator puts forward a proposal. Although not binding, the proposal often helps the parties to reach an amicable solution.

Adjudication
Adjudication plays a particularly important role in large-scale projects. The key aspect is that the adjudicators – who are often involved throughout the project (Dispute Review/Resolution Boards) – take a preliminary decision. This decision is often binding for the duration of the project and can only be reviewed by an (arbitration) court at a later stage. Since adjudication proceedings are conducted promptly, delays to the project are prevented or minimised.

Expert determination
Expert determination is often used to bring about a decision on a factual issue, for example in disputes involving defects, damages or valuations. This method is particularly appropriate if resolving the factual issue in dispute could clear the way for an overall amicable solution. Expert determination often forms part of other dispute resolution proceedings, e.g. arbitration proceedings or mediation. The expert's decision is usually binding for any subsequent arbitration or court proceedings, unless the parties agree otherwise.

DIS Dispute Management Rules
The DIS Dispute Management Rules provide a framework within which a dispute manager appointed by DIS reaches agreement with the parties on the method to use and the neutral third parties to be engaged to resolve the dispute. The aim is for this agreement to be achieved within a few days of the dispute arising.

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Ralf Dierck
Dr. Ralf Dierck
Part­ner
Rechtsanwalt
Germany, Munich
For more than 30 years, Ralf Dierck has been a trusted partner for major, globally operating companies, representing their interests on different panels and platforms. He advises and represents them...
Benjamin Lissner
Dr. Benjamin Lissner
Part­ner
Rechtsanwalt
Germany, Cologne
Benjamin Lissner specializes in national and international arbitration as well as in other types of alternative dispute resolution. Furthermore, he has extensive experience in state court litigation....
Matthias Schlingmann
Dr. Matthias Schlingmann, LL.M.
Part­ner
Rechtsanwalt
Germany, Hamburg
Matthias Schlingmann specialises in dispute resolution. He represents clients before state courts as well as in national and international arbitration and alternative dispute resolution (ADR) proceedings....
Dr. Torsten Lörcher
Part­ner
Rechtsanwalt
Germany, Cologne
Torsten Lörcher specialises in international dispute resolution with a focus on arbitration. He is also well versed in alternative dispute resolution and an experienced litigator. His practice concentrates...
Claus Thiery
Claus Thiery
Part­ner
Rechtsanwalt
Germany, Munich
Claus Thiery advises and represents his clients in D&O liability and compliance cases as well as in complex commercial, corporate and insolvency-related disputes, mainly in a cross-border context...
Michael C Frege
Dr. Michael C Frege
Part­ner
Rechtsanwalt | Fachanwalt für Insolvenzrecht (Certified lawyer for insolvency law)
Germany, Leipzig
Germany, Duesseldorf
Michael Frege is an insolvency and corporate restructuring specialist. He has long-standing experience in advising on insolvencies and as an insolvency administrator, including insolvency proceedings...
Holger Kraft
Dr. Holger Kraft
Part­ner
Rechtsanwalt
Germany, Hamburg
Holger Kraft specialises in advising on national and international energy and infrastructure transactions and project finance. This includes structuring and managing the transactions as well as considering...
Thomas Lennarz
Dr. Thomas Lennarz
Part­ner
Rechtsanwalt | Head of Dispute Resolution Group, CMS Germany
Germany, Stuttgart
Thomas Lennarz focuses on dispute resolution, representing companies and entrepreneurs before state courts as well as in arbitration proceedings and advising his clients in complex out of court negotiations....
Dorothee Ruckteschler
Dr. Dorothee Ruckteschler
Part­ner
Rechtsanwältin
Germany, Stuttgart
Dorothee Ruckteschler advises and represents German and international clients in proceedings before German courts as well as in national and international arbitration proceedings, with particular...
Peter Wende
Dr. Peter Wende, LL.M. (College of Europe)
Part­ner
Rechtsanwalt
Germany, Stuttgart
Peter Wende advises and represents clients in German and international arbitration proceedings as well as in disputes before German courts. He has special experience in M&A and corporate disputes...