The do's and don'ts during a mediation process

In mediation, a neutral third party helps you and the other party reach a solution together — often faster and cheaper than a lawsuit. Success depends heavily on your attitude: prepare well, communicate respectfully, and focus on a solution rather than on “being right.” Below you will find the most important do's and don'ts of mediation for entrepreneurs.

What is mediation?

Mediation is a form of alternative dispute resolution in which a neutral third party, the mediator, helps the parties reach an agreement together. This can be used for both internal and external conflicts and often saves time and costs compared to lengthy proceedings. Read more about what mediation is and how it works.

Do: prepare well

Good preparation is essential. Ensure that you know the facts, the relevant rules, and the interests of all parties. Prepare possible solutions and draw up a list of priorities and wishes in advance, so that you know where you can and cannot compromise.

Don't: rigidly stick to your point of view

Be flexible and open to the other person's ideas and wishes. Mediation is about finding a solution that is acceptable to both parties—not about proving you are right. Do not stubbornly cling to your own position.

Do: communicate respectfully and clearly

Effective communication is crucial. Listen attentively and try to understand the other person's point of view, even if you disagree with it. Speak respectfully and clearly, avoid aggressive or defensive behavior, and keep your emotions in check.

Don't: personal attacks

Avoid personal attacks and the “blame game.” That spoils the atmosphere and makes finding a solution difficult. Keep the discussion businesslike and focused on the conflict. Remember that you have one thing in common: you want to work this out together.

Do: make use of the mediator

The mediator is neutral and wants to help both of you. Utilize his expertise, be open to his suggestions, and trust his knowledge and experience to steer the process in the right direction.

Don't: try to “win”

Mediation is not a competition with a winner and a loser. Do not try to convince the mediator or the other party that you are right, but look for a solution that both parties can live with. That way, everyone wins.

Do: be patient

Depending on the complexity, mediation can take time. Give the process the space it needs; successful mediation often ultimately saves a great deal of time and money compared to a lawsuit.

Don't: make hasty decisions

Take the time to consider all the information and solutions. A well-considered decision is better than a hasty choice that you will regret later. Discuss proposed solutions with your advisor before making a final decision.

Frequently asked questions about mediation

What is the difference between mediation and a lawsuit?

In mediation, you seek a solution together with the help of a neutral mediator. In a lawsuit, the judge makes the decision. Mediation is generally faster, cheaper, and less stressful for the relationship.

Is the outcome of mediation binding?

You can record the agreements you make together in a settlement agreement, which is binding. The mediator does not impose anything; the solution comes from the parties themselves.

Do I need to bring an advisor to the mediation?

That is not mandatory, but it may be wise to discuss proposed solutions with a legal advisor before you give your final consent.

When is mediation suitable?

Often in conflicts where parties want to reach a mutual agreement and preserve the relationship, such as disputes with partners, suppliers, or employees.

Need help with mediation or a conflict?

Good preparation and the right attitude increase the chances of successful mediation. We advise you on conflicts and support you before and during the mediation process.

View our mediation expertise or schedule a no-obligation intake interview .