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Implementation of EC Directive 52/2008 in Germany

Implementation of EC Directive 52/2008 in Germany. Workshop on Mediation for Business Operators Dr. Antje Baumann, LL.M. (Berkeley), . Overview. 01 The German Mediation Act. 01 The German Mediation Act. 01 The German Mediation Act. 01 The German Mediation Act.

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Implementation of EC Directive 52/2008 in Germany

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  1. ImplementationofEC Directive 52/2008 in Germany Workshop on Mediation for Business Operators Dr. Antje Baumann, LL.M. (Berkeley),

  2. Overview

  3. 01 The German Mediation Act

  4. 01 The German Mediation Act

  5. 01 The German Mediation Act

  6. 01 The German Mediation Act

  7. 01 The German Mediation Act

  8. 01 The German Mediation Act

  9. 01 The German Mediation Act

  10. 01 The German Mediation Act

  11. 01 The German Mediation Act

  12. 01 The German Mediation Act

  13. 01 The German Mediation Act

  14. 01 The German Mediation Act

  15. 02 Mediation in Business Context • Case Study MEA-Group, Germany lawsuit 20 Mio EUR holdingcompany saleofspecialtools Haidlmair GmbH, Austria MEA AG, France 500.000 EUR

  16. 02 Mediation in Business Context – When, why and how? • Whatarethe relevant criteriaforbusinessoperatorswhensolvingcommercialdisputes? • Private autonomy • Costs • Rapidityofdisputeresolution • Interest orientedresult

  17. 02 Mediation in Business Context – When, why and how? • Which factors must management take into account ? • Corporate management must decide on appropriate dispute resolution mechanism. • → entrepreneurial decision. • Choice of dispute resolution method governed by business judgment rule (Sec. 93 par. 1 German Stock Corporations Akt). • Relevant factors: • expected outcome, • certainty and predictability, • time and cost efficiency and • collateral effects such as publicity, effect on relationship of the parties. • Involvement of several corporate department (legal, finance, commercial, operative units) may be necessary.

  18. 02 How ?- Steps in the Mediation Process

  19. 02 Mediation in businesscontext – When, why and how • Advantages to Mediation: • A solutionpointingtothefuturewherebothsideswin • Appropriateconsiderationofyourownviews, interestsandobjectives • Activeprotectionofyourcompanyagainstlosingitsimage • Sparingresources • Reducingyourcosts • Security in planning • Keepingcontrolofnegotiationsandtheirresults • Considerablesavings in time spent • Continuationof personal andbusinessrelations • Openingupcreativeoptions • Achievingcommerciallymeaningfulresults • Maintenance ofconfidentialityby all parties

  20. Thankyouforyourattention. CORPORATE COMMERCIAL COMPETITION Corinius LLP Hohe Bleichen 11 20354 Hamburg T +49 (0)40 350 194-0 F +49 (0)40 350 194-100 office@corinius.com www.corinius.com

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