Mediation

Coming to terms is still the best solution

Coming to terms is always the most favourable solution for the parties involved. The parties to the succession proceeding save time and money when reaching a notary-assisted agreement and avoid a law-suit. Apart from that, law-suits often can permanently damage the relations between the parties. This is another reason why an agreement should be preferred over a judicial order.

If both parties show goodwill to come to terms, the notary acts as a mediator, i.e. as an impartial person, whose only interest is to help the parties to find a bilaterally acceptable solution. The mediator's job is not to decide, who is right or wrong, but rather steering the process ending in an agreement. The successful agreement is confirmed in a notarial protocol.

 

Mediators are law- and communication-experts

Based on the Notary Rules, the notary may act as a mediator. The special mediator training focuses on the field of inter-human communication, conflict theory and psychological aspects of conflict solution - e.g. behaviour rules of the mediator. The new mediator must pass a special exam.