||In preliminary discussions the mediator explains to the mediants the whole object and the target of the mediation.
Also the conditions and the rules of the mediation, including the rights and duties of the parties, are fixed. When all
points have been agreed upon the mediator contract is signed.
The next step is for the mediants to explain their points of view of the original conflict, the situation at present and if
necessary the legal position. At this stage it is necessary to include all aspects of the conflict and to actively reveal
and uncover all discrepancies between the mediants, also including subjective points of view. During this process it
may become clear that seemingly objective statements are, in fact, subjective; for example “the specific embodiment
of the other party infringes our patent” vs. “there is no patent infringement”.
Thereafter, the parties should move away from their specific points of view and list all common and/or controversial
interests in order to find a solution. In this step the mediator has the possibility to talk to the parties alone.
The mediatior encourages the mediants to collect as many ideas as possible which could help to settle the conflict.
This pool of ideas should be as extensive as possible in order to solve the dispute and also to come to a win-win
situation for both parties. This outcome is one of the biggest advantages of mediation.
The final step is to word specifically and comprehensively an amicable agreement based on the outcome of the
mediation process. This binding agreement is then signed by the parties.