It is customary for mediation for the parties to negotiate a solution on their own. Matters are not decided in favor of one party or another: The mediator simply facilitates the negotiation process. The mediator will counsel parties on the strengths and weaknesses of their case and gauge each party’s likelihood of success if the dispute proceeds to arbitration or litigation. Successful mediation therefor ends with a win-win solution where both parties can leave the table with a feeling of success.
Attorney, Certified Labor Law Specialist and Commercial Mediator Elishewa Patterson-Baysal can be reached at MEIDES Rechtsanwaltsgesellschaft mbH in Frankfurt, Germany; www.meides.de