Mediation/CL proceedings - an opportunity in the crisis

Many agreements will become defaulted in the foreseeable future. In other words, there will be massive disruptions in the execution of contracts because one or, at best, even both/some of the contracting parties will simply not be able to fulfil their contractual obligations. In addition, however, services that could (still) be provided by one contractual partner may not (no longer) be used by the other in accordance with the purpose of the contract. The same applies accordingly to non-contractual claims.

In many cases, all this will (have to) lead to qualify the principle of pacta sunt servanda. Of course on a voluntary basis, i.e. in multi-personal legal relationships with the consent of all. Because even in times of crisis, law must remain law. Only - to insist on one's "right to insist", even in the case of a right that is not contractually "guaranteed" (e.g. in the case of a statutory claim for damages), to seek judicial assistance to enforce "one's" right, will therefore in many cases not (cannot) lead to a de facto "meaningful" result in this extraordinary, widespread and global crisis, which hardly anyone is not negatively affected. More than ever, it cannot and must not be a matter of defending / formally enforcing "per se secured" legal positions for their own sake.

For many years now, established dispute resolution and problem solving options have been available for the settlement of disruptions in the execution of contracts or non-performing legal claims, but in "normal times" these are not sufficiently generally perceived and are alternative to court proceedings. At times in which legal structures and regulations are of course still required, but in which a (voluntary) reorganisation of bilateral or multilateral legal relations is needed, taking into account the completely changed interests and needs in relation to the conclusion of the contract, mediation procedures are virtually predestined to achieve a solution quickly, cost-effectively and in a future-oriented manner, which the contracting parties - who are now involuntarily parties to the conflict as a result of the event of the COVID 19 pandemic, which is to be assigned to the "neutral sphere" - can find and accept themselves.

Also in the area of dispute resolution and conflict resolution, the current extraordinary crisis situation requires everyone to assume more personal responsibility and not to pass on decisions to third parties.

In legally more complex cases, a collaborative law procedure ( ) is a good option. From the outset, mediatively trained lawyers and experts from other fields can be involved in this procedure.

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Important note

The information provided here is only general information and assistance. The information provided is not to be understood as legal advice from Kunz Wallentin Rechtsanwälte GmbH and cannot replace individual legal advice.

Furthermore, Kunz Wallentin Rechtsanwälte GmbH assumes no liability whatsoever for the content and accuracy of this information.