I have suggested that an out-of-court mediation procedure be conducted in a very complex case because, in preparing the statement of defense, I have come to the conclusion that the conflict underlying the lawsuit is unlikely to be resolved satisfactorily for all parties involved within the framework of the contentious proceedings.
Since I was familiar with Judge Tillmann-Gehrken (ret.) from judicial mediations, I could well imagine that a constructive discussion would be possible under his moderation. Thankfully, the other parties involved also agreed to the proposal.
The mediation meeting was well prepared by all participants. The moderation by Mr. Tillmann-Gehrken was neutral but constructive. He summarized and supported at the points where a deadlock threatened, but at the same time gave room for the background information and various emotions.
Even though the matter is a dynamic one and could not be concluded with the mediation process, it made sense to conduct the mediation, if only because within its framework - and accompanied by an uninvolved but professionally competent third party - many issues could be addressed and also clarified for which there would have been neither time nor opportunity under the impression of a court hearing.
I can well imagine suggesting mediation again in similarly complex proceedings.
City of Bornheim