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In day-to-day business, conflict situations arise time and again when different interests and opinions clash – even in public institutions and companies. If, for example, the local authority argues with the public utility company or a conflict arises in the core administration, this can lead to delays and conflict costs. Efficient mediation or mediative counselling can avoid these. Our public sector mediation team provides specialist expertise to help you find quick and sustainable solutions.

Mediation and mediative counselling: effective tools for long-term conflict resolution

The aim of mediation is to turn conflicting parties into negotiating partners. Important criteria here are voluntariness, personal responsibility and confidentiality. In traditional mediation, out-of-court mediation is usually conducted by professional, neutral third parties. A clear structure in a confidential setting supports the rapid clarification and resolution of conflicts.

In addition to traditional mediation, we also offer mediative counselling. This is because sometimes, particularly in the case of often complex legal and tax issues, a professionally supported settlement is a good alternative. In contrast to the fixed structure of mediation, the mediators in mediative counselling actively support conflict resolution and advise on a solution strategy. In addition to mediative elements, they also contribute their professional expertise and support the parties in their search for a suitable solution - both in human and economic terms.

  • Professional, neutral mediators
  • Mediation between conflicting parties who bring about the resolution process independently

Mediative counselling

  • Specialist experts as mediators who are actively involved in the mediation process
  • Support in decision-making, also from an economic perspective

Our KPMG mediators from the Tax and Law departments ensure that the positions and interests of all parties involved are taken into account and support the development of a joint solution.

Fields of application of mediation and mediative counselling for the public sector

Conflicts also arise at the level of public bodies such as the core administration of local authorities. However, disputes can also arise within and between public organisations, institutions and associations as well as private investment companies, including

  • Disputes between local authorities and municipal utilities or group companies that cause projects or complex change processes to stall
  • Disputes between managers that significantly and permanently impair the work of the municipalities and the processes within the municipal group
  • Conflicts between the mayor's office and the management of municipal companies that prevent productive cooperation
  • Mediation between the mayor and municipal council in a deadlocked situation

In addition, mediation or mediative counselling can also be used, for example

  • in the case of planned co-operation or restructuring 
  • during negotiations in business and contractual relationships
  • in the run-up to or instead of conciliation and arbitration proceedings

Five phases of mediation

Chart (in German only)

Fünf Phasen der Mediation

At the beginning of the mediation process, the parties conclude a mediation agreement that sets out the "rules of the game". The conflict issues to be dealt with are then collected and points of contention are discussed. The individual positions are discussed and it is clarified which requirements must be met in order for a solution to be acceptable to all parties involved. On this basis, ideas are collected and options for solutions are developed. Finally, an overall solution is developed from the ideas and partial solutions, which ideally results in a written and binding agreement.

Advantages of mediation and mediative counselling

  • Satisfactory result: The participants are involved in the solution process and contribute their own views, interests and priorities. This leads to a satisfactory long-term result
  • Faster and lasting solutions: Without mediation, a solution may only be reached at a much later stage – or not at all. Often cost-intensive court proceedings can drag on for several months or years before a final decision is reached. In mediation, the parties involved can reach a solution much more quickly. In contrast to court proceedings, mediation can respond more flexibly and openly to the needs and interests of the parties.
  • More time and energy: Conflicts consume a lot of energy and time that the parties involved lack elsewhere. Mediation often finds a quicker solution.

Do you still have questions?

We are happy to answer your questions or arrange an initial meeting. Get in touch with us.

Ihre Ansprechpersonen

Dr. Isabelle König*

Attorney at Law
KPMG Law Rechtsanwaltsgesellschaft mbH

+49 69 951195-997

Stephanie Schmiedeberg*

Attorney at Law
Specialist lawyer for medical law
Specialist lawyer for tax law
Healthcare / Public Sector
KPMG Law Rechtsanwaltsgesellschaft mbH

+49 69 951195 - 254

Eike Christian Westermann LL.M.*

Tax consultant,
Specialised lawyer for tax, commercial and corporate law, Mediator
KPMG Law Rechtsanwaltsgesellschaft mbH

+49 69 9587 6813

* Legal Services are provided by KPMG Law Rechtsanwaltsgesellschaft mbH.