Mediation - A procedure for avoiding and setting up disputes in entrepreneurial families and family businesses
German civil law is characterized by claims. It only leaves space for mediation in conflicts. In contrast, the mediation tries to combine knowledge from various disciplines such as conflict, communication or negotiation research into a procedure for conflict resolution. In this approach, the revolutionary of this method of dispute is resolved.
In family entrepreneurs and entrepreneurship, many areas of law are sometimes united and economic interests and family positions are sometimes combined. Here Mediation offers methods that secure the company's existence and pacify the family and can avoid crises that endanger the existence in both areas and ideally. The procedure goes far beyond simple placement attempts.
The subject of the present contribution is to present the possibilities and limits of the mediation procedure in the context of family businesses and entrepreneurship.
In: Dispute and avoidance in the family business (2021). Commemorative publication for Lutz Aderhold on its 70th birthday. Ed.: H. Fr.v. Erffa / G. Lehleiter / T. Prigge. Cologne. Verlag Dr. Otto Schmidt KG. Pp. 241-270
