MEDIATION Solutions
Expertise
As a Mediator, Karianne supports parties in all sorts of corporate conflicts within, or between, companies (e.g. shareholder disputes, labor disputes and disputes between franchisor and franchisee). Mediation reduces the possible escalation of the conflict and it increases the chance of solving the issue at hand. The outcome of mediation solely depends on the will of the parties. They can either agree on continuing their cooperation in the future, agreeing on the conditions, or, they can agree to part ways and find common ground on those conditions. Karianne can facilitate the discussions and support parties in finding consensus in the outcome.
Fundamentals of mediation
Mediation is characterized by a structured process in which self-determination, voluntariness and confidentiality are essential.
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​Self-determination means that parties themself decide on the outcome of the conflict. The Mediator facilitates the discussions but has no decision-making role.
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Voluntary means that the parties voluntarily enter into the mediation process, with the intention of reaching a mutual agreement. In addition, the parties are free to exit the mediation at any time when there is no trust in finding consensus on the outcome.
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Confidentiality is essential to the process of mediation. It implies that everything that is discussed and agreed upon in the context of mediation remains between the parties.
¨There are no complex cases, just the complexity of human interaction¨
K. Baumann
Advantages of mediation versus court proceedings
1.Time-efficient : Mediation consists of 1 to 3 sessions of an average of 1.5 - 2.5 hours. In court proceedings, parties easily have to wait a year before a verdict is reached. Subsequently, parties still have the option of appeal. Which means the conflict could potentially drag on for years. 2.Cost-efficient : Since mediation is time efficient, the costs are also manageable. In case of court proceedings, the costs are considerably higher. Next to the costs of legal support and/or lawyer fees, bailiff costs and court fees are due. 3.Parties are in the lead : In mediation, parties decide themselves on the outcome of their conflict. The outcome of court proceedings is often uncertain. Parties depend on the judge to settle the conflict. 4.Alternative solutions : In court, the judge decides on who is legally right. In mediation the legal truth is not essential. In addition to legal aspects, other aspects can also play a role in the discussions and outcome. Parties are free to explore alternative solutions to resolve their conflict.
Mediation in franchise
It is already common practice to turn to a mediator in corporate conflicts such as shareholder or labor conflicts. Unfortunately, a lot of business areas are not used to turning to mediation. For example, an area that would benefit greatly from more regular use of mediation is franchise. Franchise parties depend massively on each other. Mediation can restore the trust and communication of a disrupted collaboration. Mediation is especially useful when it becomes clear that one of the parties intends to terminate the franchise contract. That is often the moment that the conflict escalates. Between the moment of intending to cancel the contract, to the cancellation and the actual termination of the contract, it can easily take months (if not longer). During all this time franchisor and franchisee remain dependent on each other due to ongoing mutual obligations. This includes doing investments and giving and following instructions on the daily operation. To add to the complexion, often a lease agreement with a third party is in place that is intertwined with the franchise contract. A disrupted franchise relationship is economically disadvantageous: it can lead to high (lawyer) costs, possible legal proceedings, uncertainty about the outcome of the procedure, potential reputational damage when the internal conflict becomes public and the loss of valuable time and energy.
