COURSE OF ACTION
All Roads Lead to Rome.
You have a business or personal matter, wish to achieve something, or need to get from point A to point B. A lawyer will research and explain your options … before you embark on a potentially costly and momentous journey. It is a like working with a transportation planner; you perfect your route first – one that is expedient, secure, economical and includes potentially rewarding stops along the way. You anticipate roadblocks, construction zones, road hazards, and plan accordingly. You double-possession of your license, vehicle registration and insurance. You pack adequate provisions and know who to call if your vehicle breaks down or is pulled over. Legal service is analogous. Included among the services I provide:
- Consultation and Research
- Mediation as a means of out-of-court conflict resolution
Walk the Right Path.
Let me help you become proactive about your future. The future is yours to shape. But it helps to have a team at your side. I would be happy to assist you in your business or personal matters, whether as a discussion partner or advisor, as an independent mediator or as your authorized legal representative. I strive to achieve the best outcome for you, whether through litigation, negotiation or mediation.
Consultation and Research
The first step in any legal or business matter is to research your options. What are your rights? Your responsibilities? What courses of action are available, and which should be followed? You contemplate what is important to you, what you hope to achieve, what you can forgo, what is negotiable and what is not, and what you consider ideal. You identify the pros and cons of each strategy and weigh them carefully.
You then reevaluate the status quo in light of this cost-benefit analysis and decide whether to transform your situation with legal resources. If legal resources are engaged, we work closely with in devising the roadmap. I then assist you step by step until you reach the agreed destination. I would be pleased to assist you in researching and planning your legal strategy. Please contact me.
Mediation as an ADR (Alternative Dispute Resolution) Method
What is mediation?
Mediation is a voluntary, out-of-court, structured, interest-based process. The goal is a constructive, self-determined settlement of conflicts, to find a satisfactory outcome for both parties, so that important business and personal bridges are not burned – a legal, emotional and personal win-win situation.
What are conflicts?
Conflicts shape everyday life, at work, in business and at home. Disagreements are part of life. They emerge in the family (separation, divorce), among heirs, with neighbors and with business partners. In business life there are complaints and disputes over contracts or claims. These can be solved through mediation if there is the will to do so.
Mediation offers a way for ostensible antagonists to express their concerns to an impartial observer and resolve their differences using a mutually creative and pragmatic approach. Mediation is a way of mending or at least preserving frayed personal (family law mediation) and business relationships (commercial mediation).
How does the procedure work?
An independent, neutral mediator without decision-making authority leads the process. It begins with a clarification of the mandate and a mediation contract. After that, points of interest are collected and prioritized. For each topic, each party describes its view of the conflict. During a clarification of interests, the needs, goals, wishes and motivations of the parties are revealed. Subsequently, possible solutions are collected and then evaluated. Ideally, a constructive solution is found together. The result is laid down in a written final agreement.
What are the disadvantages of mediation?
There is no guarantee that you will find a solution. Mediation is open-ended and participation is always voluntary. The mediator or the parties can stop a mediation process at any time. A possible further disadvantage is that the parties have to take personal responsibility: The decision cannot be delegated to a judge. – Even if mediation does not lead to a solution, the parties can still pursue formalized forms of conflict resolution, such as arbitration and court proceedings.
What are the advantages of mediation?
The advantages of mediation are: the process is confidential, non-public and flexible. It can be conducted anywhere, even online, and can be started within a short time. Depending on the conflict, the procedure can be carried out quickly, sometimes within one day’s session. Mediation is generally less expensive, less formal and faster than court proceedings.
You determine who, what, where, when and how. You can come to a solution tailored to your needs in a self-determined way. It is about finding a creative, practical, sustainable solution, not about finding someone to blame. The personal interests of both parties are addressed, not legal positions and demands. The parties work out the solution themselves. They come to a solution together, which they accept and formalize in writing. This final agreement is binding. You have control over the outcome. The relationship between the parties can be repaired, maintained and often even improved. Future cooperation or togetherness is possible.
Would you like assistance mediating a conflict? Would you like assistance developing a creative, pragmatic, mutually compelling solutions to your conflict? Let me help you as a SBA / SCCM mediator. Call me.
Negotiation means to discuss something in order to reach an agreement. It’s like shopping at the bazaar: you haggle over price and quality. Upon agreement, a purchase is made.
A long-term relationship is about more than just a one-time deal. The aspirations and concerns of all parties involved shall be disclosed. The points / topics to be negotiated shall be identified. Each participant sets its goal for himself. Everyone determines how far they want to push. Everyone knows what is not possible and when negotiations should be broken off (so-called walk away point).
Parties often have conflicting interests. Search for mutual interests. After all, the purpose of negotiation is to balance interests. Ideally, people approach each other, find each other, make decisions, and know about their consequences. Shortly and without high costs, the matter is off the table.
Are you interested in this approach? As a mediator SBA / SCCM, I will be happy to help you with this. Give me a call.
Litigation in Court
Litigation is costly and time-consuming. It entails opportunities and risks. The parties file motions. You have to present everything to the judge, your story and your position. If contested, you have to prove your assertions. You take one-sided positions. Confrontation arises. A judge determines the procedure. He sets deadlines. These must be met. The legal dispute will be decided for you. Conflict resolution takes place in an externally determined manner. One party wins, the other loses. Being right does not mean getting right.
Many immediately think of litigating to solve a problem. Sometimes it is necessary to go to court. However, by initiating legal proceedings, you hand over the reins. You give up control. There’s more than one way to skin a cat. A court case is only one way. It can be stressful and grueling. In skiing, it would be the black run: an extreme descent with particular difficulties.
There is also the ADR (Alternative dispute resolution) method. It is worthwhile to seek dialog in advance. You determine the “who, what, where and how” yourself. Mediation can be used to mediate, and negotiation can be used to find a solution. Many conflicts can be solved out of court. Try it and call me!
If all the other options do not work out, I can represent you in all instances before courts and authorities in the whole of German-speaking Switzerland to enforce or defend claims. Collaboration is the name of the game here. It is your case and your story that needs to be told convincingly.