Breaking News:
17.03.2016

Mediation

A conflict exists, when actions, needs and expectations of the participantsstand in the contradiction to each other. Within the framework of our activity the conflict exists regularly between the and the debtor. The situation is understandable for both parties: The wants his capital brought in for the limitation of his risks and the debtor would like to keep his property or at least have his debts released. Too frequently this conflict tends to escalate and does not end mostly in insolvency or mandatory action, what none of the parties strives for.

Business mediation is a specially developed application of the mediation for enterprise-gotten conflicts. This form of the mediation can be used quarrels between enterprises, legal conflicts, enterprise partnerships, consumer quarrels and also i quarrels between debtors and
It is our task, to mediate in this conflict, to support the willingness for an agreement and to offer successful implementation approaches. Most At Best we even succeed in ending the outbreak of the conflict immediately in an early stage.

The advantages of a mediation for the settlement of quarrels lies in the flexibility of the approaches and to that, in comparison with formal arbitration and court procedures, in a very fast opportunity to settle an agreement. Both parties decide consciously for the realization of the mediation and hold to themselves open to the final solution agreement. Only rights and duties of the parties are agreed obligatorily.

We recommend therefore to incorporate a mediation clause in contracts according to following formulation:

"It is the wish of both parties that any difficulties arising in connection with this agreement be settled amicably by means of negotiation. Therefore, the parties hereby undertake to make a serious effort to settle any difficulties of opinion amicably in business mediation proceedings so as to avoid that any such dispute be made pending before an ordinary court of law. Business mediation proceedings will commence upon a written request filed by either party with RICS Deutschland e.V. Junghofstraße 26, 60311 Frankfurt am Main. This provision will not affect any right of either party to institute any summary judicial proceedings, for example by filing for an attachment order or for an interim injunction.”

As mediator it is our task to clarify the needs and interests of the conflict parties and act in order to a better of the respective opposite party. We elaborate implementation approaches, argue this with both parties and create in this way a stable starting point for a solution. With this way we can also solve complex legal questions outside the courts. In those cases we are closely networking with Jörn Stobbe, MRICS attorney at law and partner of the international partnership Clifford Chance, who is counseling with us on even those mandates.

Our long-standing experience in the debtor management and in the business with needy credit engagements qualifies us for this task. Torsten Grueber has furthermore shown professionalism as examined “Business Mediator RICS”. In the worldwide most significant organization  11 real estate specialists attained this qualification in Germany up to now.


We can support also you - as a Business Mediator RICS.

     
Contact:

A4RES Advisory GmbH
Chartered Surveyors     
Wilthener Straße 39    
02625 Bautzen     

phone:  (03591) 3 26 60 0
fax:   (03591) 3 26 60 90
eMail: info@a4res.de            
    
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