Stückmann podcast episode 21:
Mediation in family-owned businesses

Summary

In this podcast, Benedikt Kastrup, auditor and mediator, describes his experiences from over 50 mediations, primarily in the context of family businesses. He recognized that many conflicts are not factual, but rather emotional and interpersonal - for example in succession, shareholder disputes or management conflicts. He sees mediation as a structured, open-ended process in which the parties work out a solution themselves. Genuine listening and mutual understanding are key elements in this process.

His economic expertise helps him to better understand the background to conflicts - at the same time, he has had to learn to take a step back as a mediator. For him, the turning points are particularly impressive when emotional blockages break down and understanding becomes possible. Mediation makes sense when there is still a willingness to talk and should ideally be involved at an early stage - for example in the strategy or succession process. For Kastrup, this work is meaningful because it enables genuine understanding and creates sustainable solutions.

Requirements and limits of mediation

Mediation only works if there is a certain degree of willingness to communicate. If parties primarily want to be “right”, mediation is usually not useful. Mediation reaches its limits in highly escalated conflicts (“no more talking possible”).

Emotions & turning points in mediation

Turning points occur when emotional or family injuries can be addressed - often the key event for a solution. The goal is not only factual clarification, but also for the parties to feel heard and understood.

Meaning and role of mediation

Mediation is a structured, voluntary process for conflict resolution in which the mediator supports the parties in finding an independent solution. Unlike conciliation or court proceedings, mediation is open-ended and participatory, i.e. neither party “wins” or “loses”.

Focus on types of conflict - especially in family businesses

Typical conflicts arise in:

• Shareholder constellations (e.g. operationally active vs. external shareholders),
• succession processes (inheritance regulation, handover between generations),
• management conflicts (shareholder-managing director vs. external managing director),
• as well as in the non-profit sector or in strategic corporate decisions.

Integration into strategic processes

Mediation can and should be proactively embedded in strategic corporate developments - e.g. in the case of succession planning or changes in shareholders. Early conflict moderation can prevent escalation.

Role of the mediator - attitude, experience, neutrality

A successful mediator needs neutrality, patience and the ability to listen actively. Benedikt Kastrup's background as a chartered accountant helps him to embed business and tax issues in the mediation process - without dominating the solution-finding process. The biggest learning process was to let go of the desire for a solution and trust the process.