Together Or Alone? The Unexplored Potential Of Caucus In The German Mediation Landscape

Why is mediation such a success story in the Anglo-American dispute resolution scene while the German market still seems to belittle this powerful mechanism in business cases?

Besides the obvious reasons related to specific features of the respective legal systems including their procedural frameworks, one factor may be a softer one: The "how-to".

Mediation rests on elaborate techniques and skill sets that mediators conducting them tend to possess in either system. However, we observe significant discrepancies in mediations when it comes to a very fundamental question – that of the set-up. Yes, mediation takes place with a mediator and the parties involved, usually including their respective counsel. But how do these players interact? Should we aim at togetherness or separation when the mediator works with each of the parties? While an entirely joint session – having everybody involved in one room at all times – can be a powerful set-up in certain occasions,