Focus

BUSINESS +
CORPORATION

Mediation

Mediation is an out-of-court procedure for resolving conflicts. Communication problems and emotional wounds are the main causes of conflicts - both in social disputes and in the family sphere. As a result, disputes are often not about the actual subject of the dispute, but about substitute positions. In the event of a dispute in court, the victory of one party often leads to the losing party looking for a new "field of activity" or the fact that the winning party has been proved right gives rise to further conflicts. This is because the unrecognised problem behind the dispute cannot be resolved in court. However, if the actual emotional conflict, which the parties involved often do not even recognise themselves, is resolved by the parties themselves and satisfactorily for both sides through mediation, the risk of a subsequent dispute is significantly reduced.

The beginnings of mediation date back to antiquity. Later - at the time of the Peace of Westphalia - the process was used to establish the treaty on which this peace was based from 1643-1648. The peace agreement between Egypt and Israel based on the Camp David Accords of 1978 was also reached through mediation. Mediation has become increasingly important in Germany since around the 1980s. In addition to solving political problems, mediation can also be used to resolve disputes in the business environment, for example in shareholder disputes or in the context of major projects. For example, the proceedings surrounding the expansion of Frankfurt Airport (1998-2000) and Vienna Airport (2000-2005) have already been successfully concluded through mediation. Since 1989, mediation has also become a successful form of conflict resolution in the day-to-day business of companies such as Motorola. Another example of a successful mediation procedure is the settlement of a dispute totalling the equivalent of €100 million between Hollandsche Beton Groepnv (HBG) and Wayss & Freytag AG in 2000 in connection with a share purchase and transfer agreement.

The high level of acceptance of a solution found through mediation is based on the fact that only the parties to the conflict are involved in developing the results within the process. This distinguishes mediation from court proceedings or arbitration, at the end of which there would be a court judgement with winners and losers. Mediation does not ask about winners, losers or guilt. The mediation process creates new approaches that can include unconventional solutions. The results of mediation therefore go beyond a conventional compromise, which is often the conclusion of court settlements.

Dr. Sascha Schleich Specialist lawyer for construction and architectural law / Mediator / Partner

Career trajectory

  • 1990 - 1994 Studied law at the University of Saarland
  • 1995 - 1997 Legal clerkship in the district of the Higher Regional Court of Saarbrücken
  • 1997 - 2016 Independent lawyer in Saarlouis and Saarbrücken
  • 2006 Admitted as a specialist lawyer for construction and architectural law
  • 2007 Admission as a mediator
  • Since 2011 Lecturer at the Faculty of Law at Saarland University
  • 2013 Doctorate (Dr. iur.) at the University of Saarland
  • Since 2014 Partner and lecturer at the Saarbrücken Construction Law Conference
  • 2017 Joined the law firm Kropp Haag Hübinger
  • 2019 Joined the law firm KHH LEGAL Kropp Haag Hübinger Rechtsanwälte

References

  • "often recommended lawyer" (JUVE Handbook of Commercial Law Firms 2021/2022, 2022/2023, 2023/2024);
  • "very good and reliable advisor, fair billing, client" (JUVE Handbook of Commercial Law Firms 2021/2022)

  • Member of the "Specialist lawyer for construction and architectural law" committee of the Saarland Bar Association;
  • Deputy Chairman of the Registration Committee of the Saarland Chamber of Engineers;
  • Chairman of the Honorary Committee of the Saarland Chamber of Architects

  • Working group on construction and real estate law in the German Bar Association
  • Saarland Bar Association

  • Value added tax in construction and architectural/engineering law (8th Saarbrücker Baurechtstagung, 2022);  
  • Latest case law of the BGH and the higher regional courts on construction and architectural/engineering law (8th Saarbrücken Construction Law Conference, 2022);
  • Basics of invoicing architects and engineers according to HOAI 2021 with calculation example (7th Saarbrücken Building Law Conference, 2021);
  • Individual questions on invoicing according to HOAI 2021 (7th Saarbrücken Building Law Conference, 2021);
  • The settlement of the terminated construction contract with special consideration of terminated lump-sum price contracts, Part 1: Termination variants according to BGB and VOB/B and their financial consequences, Part 2: Settlement principles according to BGH and higher court case law (6th Saarbrücken Construction Law Conference, 2019);
  • Current issues in expert witness law - bias; reduction/forfeiture of remuneration claims; opening of building components (5th Saarbrücken Construction Law Conference, 2018);
  • Compensation claims among the parties involved in construction I - substantive law aspects; contractors and architects as joint and several debtors; quotas; cost sharing of the client; disturbed joint and several debtor compensation (5th Saarbrücken Construction Law Conference, 2018);
  • Changes in construction contract law as of 01.01.2018, in-house training courses 2018;
  • Legally compliant handling of correspondence at the tender stage, in-house training courses 2018;
  • Gaps in bills of quantities - building contract or addendum?, Part 1: Interpretation of construction contracts in the light of BGH case law, Part 2: Selected interpretation problems in practice (4th Saarbrücker Baurechtstagung, 2017);
  • Extension of construction time: Basis for claims according to BGB and VOB/B; Methodical possibilities of calculating the amount of the supplement in the event of disrupted construction processes (3rd Saarbrücken Construction Law Conference, 2016);
  • Issues from architectural law: limits of acquisition, undercutting the minimum rates of the HOAI, exceeding the construction sum (2nd Saarbrücken Construction Law Conference, 2015)
  • Defect rights before acceptance in the BGB works contract (1st Saarbrücken Construction Law Conference, 2014)
  • Contract for work and services and purchase contract with assembly obligation - differences and similarities (1st Saarbrücken Construction Law Conference, 2014)
  • Forms of scalping and their legal classification, 2013
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