INKOVEMA Podcast „Well through time“
#203 GddZ – Specific mediation clauses
Mediation clauses – Part 2
In conversation with Dr Jörg Schneider-Brodtmann
Dr Jörg Schneider-Brodtmann: Studied law in Tübingen, Geneva/Switzerland, Heidelberg; Master of Laws (Mediation and Conflict Management), European University Viadrina, Frankfurt (Oder). Lawyer of the Year for Technology Law, Handelsblatt / Best Lawyers 2022 and 2024; Recommended for IT and Technology Law, Handelsblatt / Best Lawyers 2022, 2023 and 2024; Recommended for Data / Information Technology, Who's Who Legal Global and Germany 2022 and 2023; One of the most renowned lawyers for IT law, WirtschaftsWoche 34/2019.
Well through time.
The podcast about mediation, conflict coaching and organisational consulting.
Contents
Chapter
0:19 – Welcome to the podcast
0:56 – Mediation clauses in the contract
5:09 – Anticipation of conflicts
6:00 – Contract design and prevention
8:02 – Drafting the content of mediation clauses
11:21 – Waiver of action and duty to mediate
14:01 – Rules of procedure for mediation
15:34 – Risks of mediation
19:19 – Confidentiality in mediation
24:21 – Difference between types of mediation
27:56 – Mediation as contract continuation
33:11 – Outlook on future topics
37:26 – Paradoxical effect of rules
Summary of content
In this episode, we talk to Jörg Schneider-Brodtmann about mediation clauses and their importance for the prevention of conflicts in the corporate context. In companies where emotions are often of an entrepreneurial nature, it is essential to introduce preventative measures in good time. We discuss how mediation clauses can be formulated to promote constructive conflict resolution before escalation occurs. We will shed light on the basics and regulations that should be included in such clauses in order to have a clear procedure in the event of an emergency.
Mediation clauses are not merely legal formulations, but should above all be comprehensible for all contracting parties. A central aspect of our discussion is the anticipatory nature of these clauses: If parties consciously discuss how to proceed in the event of a conflict, they could potentially defuse the conflict driver from the outset. We discuss the practical application of such clauses and also the challenges of contract implementation, particularly when contract extensions or amendments are pending.
Another topic of our discussion is the Elements that need to be considered to make the mediation clause effective. The regulations around Confidentiality are also very important in mediation and we explain why confidentiality is not only important for the mediator, but also between the parties. The distinction between Ad hoc mediation and preventive mediation clauses and how they can play a role in the course of a project.
We also discuss practical experience, which shows that customised clauses that are specifically tailored to the respective contractual relationship are significantly more effective. The more detailed and clearly formulated a mediation clause is, the greater the likelihood that it will be actively invoked in the event of a conflict.
Finally, we reflect on the challenges associated with complying with and enforcing mediation clauses, as well as the dilemma of how much regulation is necessary without unnecessarily restricting the flexibility of the negotiating partners in the event of a conflict. The dialogue with Jörg Schneider-Brodtmann offers valuable insights into the practical application of mediation mechanisms and their strategic importance in corporate contexts.
Transcription
[0:00]When the Conflicts so high escalated are, what it also in the Corporate environment gives, the calls one not so very the personal Emotions like with personal conflicts, but then even the entrepreneurial Emotions, when one so wants, then is it by no means like this, that the then there come, only because Mediation there
[0:19]
Welcome to the podcast
[0:15]is and because a Mediator then sits, then suddenly whole friendly with each other speak. Cordially welcome to the Podcast and through the Time, the Podcast round at Mediation, Conflict coaching and Organisational consulting. A Podcast from Inko Feber. I am Sascha Weigel and today here not alone in the Podcast studio, but since long times again with mine Colleagues Jörg Schneider-Protmann. Hello Jörg. Hello Sascha. Beautiful, again with you in the Studio to be. Yes, find I also. And when you there are, then goes it always at Prevention and Anticipation and what one do can, at Conflicts good to edit in one Time, where still none there are. But already clear is, it becomes which give.
[0:56]
Mediation clauses in the contract
[0:56]Exactly, the Topic have we us Yes now already one While a little on the Flags written and also already from various Pages here illuminated.
[1:04]Last Year had we one small Series about the Conflict management systems and then have we this Year already started, us actually with the Topic also Dispute resolution clauses, Mediation clauses to deal with. And when I it right in the Head have, want we there today also above speak. Exactly, we become today also about Mediation clauses speak and so that about Contract work. So what can we and should we in Contracts formulate, so that it then also good in the Practice applied becomes? The sounds first times always dry, but we are located us here Yes already in one Area, where the Contract work therefore goes, even not then Judicial from one Judge check to leave, so about court-proof Standards, but if possible one Design language to find, the in addition invites, extra- or Pre-judicial to act. And about it must one itself simple Clarity procure. And there want we in the Depth Go from Mediation clauses. Perhaps worthwhile it itself but, the still a little in the Context set, that we still times watch, where are located we us there. You had times this Term the Champagne clauses called, where the Contents really to the Lawyers pushed become, because also only the so that somehow in Contact us come become, also when it then bad run would. The Clauses, the we now view would, the must natural legal clean be, but them are actually, when I the so pointed say may, not for the Lawyers written.
[2:30]Or like would you the assess? Well, it is a Part from Contracts and Contracts are Yes as such, I believe, the have we also last Paint already a little addressed, a preventive Instrument. It is on the one hand a shaping Instrument, one Co-operation shall on one certain Kind and Wise expire and in favour become even then Specifications made.
[2:50]But it has even also this Preventive character, namely in the Regarding on it, when then at some point times, or Anticipatory character actually, when at some point times the Co-operation perhaps but not more whole so running, like itself the the Parties on Beginning thought have, when what stutters, when it to any Defects comes or Damage, then become stop Rules provided, Rules of the game provided, like the Parties then so that avoid. So, the is actually per se already times anticipatory. Conflicts become thereby not avoided, not prevented, but it gives stop already Rules, what happens, when it then but stop times to the Gossip comes. And in the Context are even also then the Dispute resolution clauses to see. In the Contract on End finds one by default one Jurisdiction clause, where even inside, when it to the Legal dispute comes, so the classic Dispute resolution instrument in the Legal area, then goes it even to one certain Court.
[3:43]And the is actually the Starting point, where one itself then even with the Contract design superior can, is the because the right Path or the only Path, that one even to Court of law goes, when it one Dispute gives or gives it even also other Ways? So and there goes it loose and from therefore, at there the Question to answer, no, is not only for the Lawyers, because it concerns natural the Parties, because when it to the Dispute comes, makes it natural one blatant Difference, whether them even direct to the Court of law Go must quasi or even still other Mechanisms Before that Switch can or alternatively in addition. Therefore should them so clear expressed become, that also the Responsible, the now none Lawyers are.
[4:23]The Sense and the Contents capture can, without equal think to must, OK, the is so more Legalese, there am I not Practised inside, but the shall actually rather very appealing be. I would still one Point, before we Content become, again address, the you named had. And indeed, when one such Clauses installs and the in the Contracts discusses and then formulated, whether thereby not already itself something changes. So like are so yours Experience, like one such Contractual partnerships then executes and like one with Problems handles, when one white, it gives such Clauses or is it actually like this, that them none Difference make until to the Just a moment, where the Conflict escalated is and then asks one itself, what makes one now,
[5:09]
Anticipation of conflicts
[5:06]now looks one in the Clauses and then white man, what one there to do has. The Thesis so to speak is a bit, when one before above speaks, what one does, when it difficult becomes, that the paradoxically in addition leads, that it longer not difficult becomes. Yes, beautiful.
[5:24]So also so to speak again anticipate. Yes, exactly.
[5:28]Since play natural various Factors one Role. The one is the Topic Runtime one Contract. Many Contracts have Yes with large projects, Building contracts, Infrastructure projects, IT projects have Yes often one very long Running time. And frequently is it like this, that the Persons, the on the Negotiation of the Contract involved are, after not on the Execution involved are. Man would itself the often different wish. We try the actually also with certain Projects also so get it right, that the People thereby are, but it is simple not guaranteed. So, the is perhaps the one Point. And the other would say.
[6:00]
Contract design and prevention
[6:01]Yes, so in any case, when we about, have we, believe me, also already a little above spoken, when we about so contractual Escalation clauses speak, so in the Frame from so one Governance model, then is Yes so one Mediation clause frequently inserted in one Escalation clause, where even said becomes, when it a Problem gives, then becomes first times on Project. Levels with each other talked about. When the itself not communicate, then goes it higher. One Level, Steering committee level and then perhaps also one Management level. The are Regulations, where the Parties frequently a large Interest in show and also involved are. When it then rather in the Legalisation of the Disputes goes, and there belongs to Yes then so to speak from the View the Parties the Mediation then partly also already in addition, is in any case mine Perception, then is the Commitment not more so high. Then say the stop, what beats her because before, her Lawyers? When one then even Lawyers has, the then perhaps mediation-savvy are, then comes it to one Mediation clause or stop one Arbitration clause. But then are we already a little in the Champagne area.
[6:59]Champagne yes, because the Parties celebrate already the Conclusion of contract, Open already the Champagne bottle and the Lawyers care itself still before us at the Contract. So I would say, the Mediation clause is there so a little between the clean Jurisdiction clause and the Escalation clause to see, yes. Okay, then remains but at least so to speak simple the Fact, that the Contracting parties, when it good running, to Start the Scenario already discuss, it becomes Conflicts give. We become us burn or ours Employees, it becomes certain Colleagues give, the one even not namely name can, the become in Difficulties with each other come, itself each other the Guilt to push. We know the now already, we consider it, we discuss it. The is Yes nevertheless one important Function. What can we because then those offer, what them regulate should and regulate can too? So when one now the Mediation clause as Agreement, we Go not immediately to Court, Bracket on, delatory Waiver of action, Bracket to,
[8:02]
Drafting the content of mediation clauses
[7:57]and we make one Mediation, we become so the Conflict in the Paths one Mediation edit. What can one and should one still on Beginning regulate? What are so Contents, the we there take up can?
[8:08]From the easiest Clause, the simple only says, when it Gossip gives, make we one Mediation. The would be so to speak the simplest Mould, but possibly not very effective, because even very indeterminate. Then has itself actually so a little has crystallised, what actually so the Core elements are. The two central Elements, you have Yes actually almost straight already a little mentioned, you have already this Foreign word used. Yes, more dilatory Waiver of action. Now must one probably first a little explain, what the actually hot shall. Actually means it only temporary. The is so to speak one central Effect one Mediation clause, that it even means, that from Introduction of the Mediation process first none Legal proceedings introduced become shall. When it the other Party then but does, yes, then can itself the Opponent even on it appointed and say, the may you now not and then would the Court of law so one Lawsuit as currently inadmissible reject, therefore dilatory, only temporary.
[9:05]As long as stop the Mediation procedure running. And when the then ends, then ends also in turn these Defence, yes. Yes, and would that, now am I so to speak a little but Yes again legal more precise, applies the Waiver of action in the Rule, when the Mediation procedure introduced is, that then not sued become allowed? Or applies the already then, when a Conflict established is, but even still none Mediation procedure? I make times a pair Example cases. I wars with as Contractual partner, that I mine Colleagues, mine Contractual partner not reach. The reacts not on it. Perhaps on the Request for payment not or also on the Offer of dialogue or on the Request. We must talk. It gives Difficulties. My Employees have me said, that yours Employees simple unscrew and like this. The is now problematic and now notice me, I am not more with the in the good Contact. So the lifts not from or reacts not or feels itself not responsible. And now notice I Conflict. The is now difficult. Now can I not simple complain, but I have stop in the Contract inside stand, first mediative.
[10:13]The means, in the Trap is already the Mediation procedure started, that the delatory Waiver of action intervenes or would be I now still in this Decision phase, make I Mediation and begin the Procedure and then can I not more sue or on the other hand, I can now still sue the same. When the Conflict then there is and the Decision stands to, whether I a Legal proceedings initiate or not and I have one Mediation clause, yes, then may I it not do. And when I it nevertheless do, then can the Opposite side then even these Defence raise. And the means also, one should now actually exactly define, when a Conflict in our Contractual relationship is available. Otherwise could Yes each somehow say, the has already long started. In the Reason always, when one Party even so to speak otherwise one Lawsuit raise would or when them it would like, at the latest then is the Conflict there. The are now the two various Effects. The is now these Waiver effect, the means simple only, the Legal proceedings becomes even then not carried out. The other central Element the Mediation clause is Yes the Duty to negotiate
[11:21]
Waiver of action and duty to mediate
[11:18]and even the Duty to negotiate under Consultation one Third parties. And the lies even in the Hand the Parties, when them say, OK, now grab we on the Clause to. You can even first negotiate and then provides one Party fixed.
[11:30]We come here not more and then calls he even the Mediation clause to. The means, we can also Content in the Clauses write in, when one the Contracting parties itself disabled sees or be Interest in not sufficient preserved sees, then is he authorised, one third Person to call and to commission, the other Page to Contact us and so that already the Mediation to begin. Means also, because the Yes 50-50 paid becomes, then, I can as Contractual partner the other with oblige to pay. So the would be Yes one strong Agreement, when both say, yes, in so one Trap can you someone commission, the I to the Half with pay. The is a strong Confidence bonus. The Commissioning must then through both Parties together take place. Only them have itself Yes earlier already committed, the then to do. So Call can then so to speak the Mediator one, each after, like the Clause even formulated is. But then becomes it natural a common Procedure and then must also both Parties then together the Mediator commission and then Yes also the Mediator contract finalise. I notice, like Constellations itself always again to wake up. When one then so wide is, that one annoyed on each other is, then argues one itself, when it not regulated is, also about it. So completely unnecessary, that you now already the Mediator call. You know exactly, the costs 350 the Hour and then do you here so a Primborium. I am not ready, that we the co-payment.
[12:59]Then argues one itself still at the Existence of the conflict. Potential, yes, exactly. Therefore is it Yes exactly the Topic, what regulate I because everything on best in the clause? Even also these Invocation. How come I actually then to the Procedure? How come I after then also to the Selection of the Mediators? Who is because the Mediator? When it in addition even none Regulation gives in the Contract, then must itself the Parties first tedious communicate. On clearest would be it natural already, when them perhaps even one concrete Person name, what I however in the Mould, believe me, still not seen have. The is also risky.
[13:33]Exactly, perhaps gives it the then not more or has none Desire or none Time. Must her still one Regulation meet about one Replacement person? It gives Yes also Organisations, the corresponding Orders have, Mediation regulations. I can also one Organisation name. What hold you for practicable? So you have Yes one Quantity Experience also from the legal View with the Accompaniment from such major projects. Would you say, tendential more Rules as to little?
[14:01]
Rules of procedure for mediation
[13:57]And when yes, what has itself proven? So which How to proceed? Not to complex make. I would me actually orientate on Arbitration clauses. Yes, gives it also in the ZPO even also Regulations in addition, what so to speak the Requirements then on the Determination are. And there can one itself whole good on it orientate. Man can coarse Rules of procedure set. Definitely agreed becomes the Procedure then first, when the Procedure introduced becomes and then the Mediator itself with the Parties votes. But one can even so to speak these Entry rules, like come we pure ins Procedure, what we straight already spoken had, what must before happens be? Yes, must it before even one contract-internal Escalation given have. Man can, I have it said, the Person of the Mediators name. Man can also only say, it shall a Mediator with following Qualification elected become and the shall perhaps his Seat have in Leipzig with Incofema or it shall even a Mediator from Incofema be. Exactly, to the Mediation Rules from Inko Fema, the it then gives until there. Yes, exactly. Yes, so there are the Parties in the Reason free.
[14:59]Man can say, shall it only a Mediator be? Target it one Co-mediation be? How should the Negotiations take place? Online, Presence?
[15:08]Yes, so there gives it one whole Ostrich from possible Regulations. And yes, each more accurate one the defined, to one Time, where one even still not with each other in Dispute is, namely in the Contract initiation phase, the rather comes one natural to Results, as when the Whole then in the acute Dispute then even ad hoc regulated become must. Since can it natural then already also be, that, like you it describe, one Party then Little game plays and thereby the Process more difficult.
[15:34]
Risks of mediation
[15:32]The hold I also for a real Dilemma. On the one Page have I Experience, where I say would, prefer before concrete regulate, that one in one Automatism comes, the not more works.
[15:46]I says times like this, the free Decision in this Moment of the Conflict retrieves, because one in this Moment simple none Desire has, In favour of the other Persons or itself something please to leave and one prefer one Automatism has to the Motto, the happens now. The have we so agreed, the have I then so with signed and on it hold I me now. The would in favour speak, simple really much to regulate, which Basic occupations the have, which Style the follow should. Since is Mediation simple not always Mediation. When I a large IT project take, then would I now strong advocate, that it a evaluative working Mediator is, the the Field knows and not now any Mediator, the still never in so one Project worked has, that one the simple already as Prerequisite with regulates. Absolutely, yes. And the collided in turn, I says times, so one Mediator soul, the on best with the Parties to the conflict direct agreed, for which stand I to the available, what wants I and for which stand I there and itself not in these Control dynamics to lose, where one then from the Wood on Sticks comes. Hey, you, the this Podcast listens, forget not, him to Rate and one Feedback to give. Many Thanks to and now goes’s continue.
[17:08]The can Yes also constricting have an effect. Each more I in the Apron regulate, the narrower is then after back my room for manoeuvre. Naturally have the Parties the Freedom, thereof to deviate, but in favour must them itself stop some. And when them in the Timing already in the Clinch are, then is it stop more difficult, itself to some. What perhaps also on the other hand speaks, the Whole to narrow to mark, is, that stop in the Time, in the the Parties, we have it said, itself still tolerate, one Contract close, them tolerate itself still and them design then so one Clause, there know them Yes still not, what from Conflict on them to come becomes. Man can it natural each to Kind of the Contract so a little Scenarios itself think up, but on Conclusion comes it then stop frequently but different. And then could it natural happen, that the marvellous Chiselled out baroque Clause, the the Parties designed have.
[17:58]Then after to the Raw concrete stop not fits, the then there in the Room stands. The are Linguistic images. I notice, you are to Home. You have Linguistic images today brought along, the come only from the Practice. The is yes, when one about Contract design speaks, thinks one maybe, the Listener, the would be rather what Dry, but is it not always. And in fact, it gives really baroque Contracts. I use the Term also times whole with pleasure or also chatty. When I somehow Contracts get with for a long time Clauses, American Contracts, we call the then back out Boilerplate, where one eh already white, Actually stands always the Same inside, nevertheless must one it read through, because it could Yes someone something inside hidden have. Since can you actually only on AI hope. Yes, exactly. Mostly must we still with our own I work. The is so always the Field of tension. How detailed regulate I something? So I can natural beautiful Pattern, Mediation clauses build, the gives it also. And nevertheless must one itself then view, simple in the concrete Case, what is perhaps sensible and where can I still enough Freedom leave, that then after the Parties with the Mediator together the Procedure determine can. Is Yes also one Special feature the Mediation, actually these Procedural freedom. So in the Arbitration proceedings is it then mostly one Organisation, then the DISS or ICC, there gives it a fixed Procedure. The have we Yes in the Mediation rather rare.
[19:15]On the Point come I also again. So one baroque Clause is Yes also
[19:19]
Confidentiality in mediation
[19:18]one huge Attack surface. When one not wants in the Just a moment, has one all the more more Possibilities, on the other hand to work and to say, the have we so not agreed, because always also one Diversity of meaning inside is. And when one many Things regulates, then has one actually many Exceptions and Interpretation patterns still supplied, as when one it simple regulates. The gives straight also much Attack surface, it then straight not to do and itself nevertheless in the Senses the Clause to behaviour and to say, yes, the have we but straight not regulated. Since must one simple say, OK, when one stop not wants, wants one not. So is it exactly. But so a pair Basics should stop already inside be. Embed, find me.
[19:56]The Clause shall actually a cosy Feeling give, to say, we are in the risky Terrain, but not without Net and double Floor. We have Alternative variants and that, find me, is the A tightrope walk, the not simple is to reach with so large, protracted Walking a tightrope. With many Persons also occupied areas. With one Marriage contract clause is it much easier. Man has the two Parties and the Clause comes only to the Train between the both Persons. Exactly, good, Mediation comes on it to. Mostly is it Yes then rather B2B contracts, so Contracts between The company or Organisations. Yes, then are it also in the Reason two Parties, but behind it stand natural then the Actors. Perhaps still a Thought, the Important is, so one Mediation clause can natural also abused become. I have earlier already times said, one Party can also times Little game play. Yes, and one can the natural marvellous in the Length draw. We have in the Back of the head Waiver of action. As long as may the Lawsuit not submitted become. Yes, can Yes from Advantage be. Then builds one so to speak in the Background, builds one already times his Armies on with the Lawyers, his Defence strategies. Is itself actually anyway already clear, I wants in the Process go. I need only still Time.
[21:05]Therefore games I here on Time. And therefore is it already also meaningful, in the Clauses to the Example certain Timings even with to take in. So that one says, OK, certain Deadlines. From so to speak, when one Party says, now want we the Mediation go, in which Period shall then the Mediator named be? And when the Mediator named is, when shall then the first Mediation session take place? That one there simple certain Essay points has, also at then again from the Mediation to get out.
[21:33]Yes, because it shall Yes not eternal run. The find I one important Point also again for Mediators, the Yes frequently a Picture have from Parties to the conflict, the have itself lost, the want Clarification have, the want Clarity Win and the Mediation is a Procedure, the the then offers and then Find them out from the common Burning. And in the Practice must one but also see, the are also sometimes two different Interests.
[22:01]The feel itself not so very in the Victim their conflict, but the Conflict has also tactical Causes, has strategic Meanings, also the Question, whether one Mediation and like exactly is. It becomes fed in in tactical Considerations, with those one itself itself closer stands as the Party to the conflict. And it is not always like this, I have me only in Communication patterns out of place and it is everything simple a large Misunderstanding. I find, the is a Point, the you there also you are referring to, the one with consider must. So Abuse from Escalation and even also from Mediation.
[22:35]I have the here before short with one Colleagues Yes discussed, the Mr Bächler, so the Pitfalls from Mediation. And the can I me introduce, that the also with so Major projects one important Component is. Exactly, that one first tries quasi Time to win. Yes, one pushes so a little on the Bank and itself when the Parties there still co-operate, yes, the Mediator becomes soon named, the Mediation sessions begin, the know you Yes also of course, also the Mediation procedure itself can natural from Parties any in the Length drawn become. So one can always again what unpack and say, the must one again superior and again one Loop turn. So the is simple this Procedure, the stop on the Personal responsibility the Party sits down and a Piece wide on the good Will also their Dispute to the Conclusion to bring, from the Number come we natural not out. Since help us all Mediation clauses not. And even because it also from the good Will depends, we take times the Picture, must Mediators in the Clear be.
[23:31]That the in the Personal responsibility the Person stands. And the is not per se there and the have itself only out of place with good Will, but the good Will can also on the Door delivered be. When the Conflicts so high escalated are, what it also in the Corporate environment gives, the are then perhaps not so very the personal Emotions like with personal conflicts, but then even the entrepreneurial Emotions, when one so wants, then is it by no means like this, that the then there get there, only because Mediation there is and because a Mediator then sits, then suddenly whole friendly with each other speak, whole arg on it eager are, one common Solution to find. When it one Ad-hoc mediation is, so when the Parties itself then really in the concrete Dispute decide, one Mediation to be carried out, without that it before one Clause gave, then can one already rather thereof go out, aha, the want the now really.
[24:21]
Difference between types of mediation
[24:18]But when it the Clause gives in the Contract, then fulfil them first one Mandatory. Yes, and there see I one Point, the becomes me first now so clearly, also in the Conversation with you, where we so in the Depth go. These Hermitage, these preventive Mediation hermitage stands Yes clear under the Star, the Process good to lead, so the Contract process good to lead, the one approached is. For my sake the IT project or for my sake also with pleasure the Marriage, also other, you have earlier the Infrastructure project and so still called.
[24:51]So the seems one Mediation to be, the is on it directed, the Contracting parties itself again tolerate to leave. And with Ad-hoc mediation, the so so in the Conflict then as Idea arise and decided become, there Go Yes Mediators also strong on the Position, it is open-ended. I am there dispassionate. I see the Success not in it, that them itself tolerate and the originally planned, in the Contract defined continue, but itself also, when it itself turns out, for them today the best Solution is, itself to separate and the Project to end. With infrastructure projects, there becomes clearly, one can not simple say, OK, the best Solution is, we listen now on and then is good, but there hang many People on it and there goes really what to End and is not to End led. That there Mediation much stronger Goal-orientated is. At least from the Contracting parties, the these Hermitage want. And the Mediator is Yes still one Figure, the still even not one Role plays.
[25:49]In the Reason is Yes then the Mediation, when one them as third-party supported Negotiation understands, is it Yes then one Continuation the original Contract negotiation under changed Prerequisites. And the is Yes something, what also otherwise while the Runtime one Contract often takes place. That the Parties simple itself again together. On Building knows one the yes, then gives it Amendments, then must again negotiated become, then becomes the Project new adjusted. The is with IT projects, Infrastructure, with Projects exactly the same. Here with us Stuttgart 25 in the meantime or I white not more, like it means. Stuttgart 1921. Exactly, yes. The are Yes constantly on Renegotiate. And what itself stop changes is, that one then... I have also belongs, the actual Labour is Negotiation work and the with the Building has one only as Secondary employment, so that one one Reason has to negotiate. But the actual Labour is the Negotiate, not the Building.
[26:44]Exactly, exactly. High Negotiation skills becomes celebrated since many years, in between also once with more prominent Accompaniment from Mr Geisler. The was the Project, right. The was not only in Stuttgart, the was the same Project. Yes, the was the same Project, exactly. The most famous Mediation Germany, the none was, exactly. The draws itself simple about one long Period there, but this Thought, I find, it is good, exactly, that you the again say. It is then simple, it is in one certain Rail then so to speak. It goes therefore, the Contract actually again to look at. On Track to bring, perhaps under changed Prerequisites and is so that even not whole so open-ended, perhaps like one ad hoc Mediation now in one whole other Environment. Also for the Mediator is so to speak, the can although in Self-direction say, me is it no matter, whether her you now trusts or not, with me can her you mediate or Clarity get or develop further transformative or I evaluate also Ideas, so from the Mediation style here, but the Context lays already close, the Underlying lying Project to save and to continue.
[27:56]
Mediation as contract continuation
[27:50]Since is simple already so much invested and the Mediation stands under this Star, the to save. The is for me also a more underlit Difference to one Ad-hoc mediation.
[28:02]The there also from one Page as Rescue operation Certainly rated becomes, the perhaps rather says, then let us one Mediation make or let us in Counselling go, but the other Page already perhaps rather on the Jump off is. Can natural also in so one Contract mediation Yes also happen, that one then in the Frame the Mediation even states, one comes not to each other and then but even to one organised Contract cancellation and Termination comes. In the Difference stop in addition, what otherwise stop with pleasure happens, that any tears so to speak figuratively spoken the Hat string and he draws the Pull cord and cancels the Contract extraordinary. And then are natural simple already times Facts created, because the Cancellation works shaping. Then is the Contract not more there as such, when them because effective is. And then argues one actually only still about the Effectiveness the Cancellation. And then becomes these Continuation perspective natural much more difficult. Ruhnen we still times so a little the Lawyers, ours Listeners and Listener ins Boat. What is still sensible to regulate, when man… In one Contract one Mediation clause or one Mediation paragraph, one Section for Mediation introduce. What should one still think, what still with regulated become should or also not, but that one the considered? We had Yes now coarse about Procedural regulations spoken. How come I to the Mediator? How becomes the Procedure initiated? Which Deadlines etc.? A whole important Element, and the should one actually regulate, is the Keyword Confidentiality.
[29:30]Mediation is Yes per se times a Confidential Procedure. The Mediation Act interestingly enough regulates Yes but only the Duty of confidentiality of the Mediators. We as Mediators so to speak the Duty of confidentiality. It says but nothing about Confidentiality between the Parties. Also the is Yes what, what one also otherwise in the Mediation contract actually regulate should. And here even before the Background, that so one Mediation clause in the Contract Yes in addition serves, either one Process to Avoid or even before one Process then carried out to become, must one itself Thoughts about it make, what happens because with the exchanged Information on while the Mediation. Yes, because there become Yes also then in the reason, there become Yes also Positions then shown. Then gives it Yes frequently even also times Pleadings or like Pleadings, similar like in one Process. The Parties carry so to speak their Evidence before. What happens because then so that in one later Process? Man can the as a brought forward Proof select. The Appropriation procedure also declare, when one wants, as self-employed, autonomous Parties. Yes, actually rather the other way round.
[30:36]So may because everything, what then there so to speak exchanged becomes, may it because in one later Process utilised become? Possibly to the Disadvantage the Party, the one Information disclosed has. The is actually so the largest Risk. When one there none Protection granted, then tend the Parties rather to walls, so little Information on to reveal. In any case, when one the Mediation with the Parties together carries out, when one in the Shuttle process works, then comes one then rather as Mediator on the Information on ran. But I says times, the Information, the exchanged become in the Plenum, there must one even Precaution meet and there is it then even important, Regulations record, whether and which Information on in one later Process utilised become may or not. The is from mine View one central Regulation for one Mediation clause in one B2B contract. Yes, so one must in the Confidentiality not only the Atmosphere of the dialogue framework build, but even also with View on potential Legal proceedings or also Arbitration proceedings now already the Contents, the discussed become should.
[31:44]Discussible to make. And the is demanding. The needs Rules, what so that happens. The is the important Point. Man can natural everything in the Mediator contract regulate, the one then even in the Timing closes, when the Mediation carried out becomes. Only there can it even be, that the Parties, the had we Yes earlier already like this, even not more so in one good Relationship are, itself therefore heavier do. Therefore is it already important, then a pair Key points in any case in the original Clause then even already with in. And the would be from mine View a Point. When I now so the Conversation Revue in the Whole pass leave, is it yes, and was Yes also our Approach, potential Persons, Lawyers or Project manager in favour to sensitise, what regulated become can. The means, so a little Insight to give, what is adjustable. But at the same time was also the Statement, the must concrete on the Project tailored be and concrete the Persons. So there in turn none Stencils to use. Yes, so it gives natural one certain Stencil, when one even says, one used the Clause one Organisation. It gives Yes various Institutions, the institutional Mediations or also other Stride.
[32:56]Eukon, DISS, exactly. Since gives it then the Orders, Mediation regulations from this Institutions. Since can one in the Reason natural simple on it refer to. Then is the Mediation clause very short. then white man, OK,
[33:11]
Outlook for future topics
[33:07]it gives a prefabricated Procedure, the comes to the Application. And everything, what then in this Rules of procedure stands, must the Parties not more agree. Or one calls it as Template and makes it itself then suitable. Exactly, one can so to speak a Procedure then individual design on the Basis one Rules of Procedure. Very frequently, must I say, meet I the Clauses not and I swap me there also with other Mediators and plain then so straight with me in the IT environment from. So in the Arbitration area yes, there gives it Organisations, the are very widespread.
[33:39]So Conciliations, where then even also the continues as the evaluative Mediation, where then really also a Decision proposal made becomes. Since does one itself with pleasure on these Arbitration rules. With the Mediation see I it Relative rare, yes. But the is so to speak our next Step, the we in our small Series make want, that we now watch and a little go out from our own Bubble circle. We speak as next People on in Fields of work, from those we suspect, there could Mediation clauses one Role play and we ask them simple, like the the make. So Labour law, Family law, the becomes our next Step be, because we believe I for today have we the Topic Mediation clauses, what can there inside regulated become and what are Pre and Disadvantages, the have we actually whole extensive discussed or would you still Points, the we even not named have? Yes, in details can one of course, could one still many address, Statute of limitations, what is with Suspension of the statute of limitations, like goes one so that um, but in favour gives it legal Regulations in the reason, the reach, there must one then only the Points in time set.
[34:43]Topic Costs, yes, one Cost regulation already with take in, who carries the Costs, carries one the Costs half or becomes like with Court, gives it after then so to speak one Allocation the Costs. The are still so Topics, but I believe, the Core elements have we discussed and yes, like you said have, we want then a little look in Individual areas, like becomes it because there handled, like it then also so a little so Practitioner get it, with those we about it speak and where we also again on it look wanted, was so this Topic perhaps also the Conflict management orders and the Topic Choice of procedure again. Because there had we Yes also already times above spoken and that it there today also already Tools gives. How come I because actually to the right Procedure, when because a Dispute then times originated is? And I believe, the are so Points, the we us still times with pleasure view become. Yes, there have we also already a pair Steps introduced. We have already a pair Agreements with People, with good People.
[35:35]It worthwhile itself then so to speak again switch on. The becomes then in the coming Year happen. Since become we there a little in the Practice also Go from other Fields of work. Jörg, For the Just a moment, for today, one must Yes almost say, also for this Year have we it. Yes, I think, I happy me. Beautiful, that we it again created have, so to speak, now times this first Part round off from our small Series. And yes, I happy me on the Continuation in the new Year. The then also for you in one other Context takes place. And you, when I the right belongs to have, now first Hike go. Yes, I will me now Beginning January first for two Months say goodbye. Then goes it to Patagonia, South America and there will I me then less with Mediation clauses deal with, as with the beautiful Nature. I happy me then, when you again here are and we here then continue. Very with pleasure. Good Time. Thank you Sascha, until then. Bye bye. Ciao. Jörg Schneider-Brotmann, Lawyer, Mediator, Deal mediator and more experienced Companion from IT projects.
[36:40]Infrastructure, so So the Communication infrastructure from large Organisational units accompanied. With him about possible Preventive measures, especially from Mediation clauses now spoken. And it is clear become, that it one Matter is, the regulated become must in the Area, in the temporal Area, where still none Conflict appears. But all clear is, it becomes heavy become, this large Project with so many People about this Period away realise.
[37:12]And there worthwhile it itself, the one or other Thoughts before together exchange, Agreements to meet, also when thereby natural Attack surface given
[37:26]
Paradoxical effect of rules
[37:22]becomes, when it then difficult becomes, itself also about it to discuss. So this Dilemmas, these paradoxical Effect from Rules.
[37:31]The Yes Decisions anticipate should and then but the Decision provoke, hold we us on the Agreement or not, respectively what have we because concrete agreed, the gets one so that natural also not out. And in this respect have we it here with one Instrument to do, the good Effects unfold can, when one it good used. Yes, and one can it natural also abuse or to other Purposes use. We have it not with one egg-laying Wollmilchsau to do. So is that, also in the Range from Mediation. And I am happy, the with Jörg Schneider-Protmann here detailed discuss to can. We become the more track, also in the new Year then, that we this Field the Mediation clauses and of the preventive Conflict management deepen become. Because the seems us a underlit Moment in the Organisational life to be. For the Moment and for this Paint thank you I me with yourselves, with you, that you again with thereby were, here with good through the Time in the small Series anticipating and preventive Conflict management measures with Jörg Schneider-Protmann and me, Sascha Weigel.
[38:45]Until to the next Times. Comes good through the Time. I am Host from INKOVEMA, the Institute for Conflict and Negotiation management in Leipzig and Partner for professional Mediation and Coaching training programmes.
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