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Mediation in IT projects
Resolution instead of litigation
We handle disputes over delay, defects, change requests or remuneration in IT projects out of court, with mediation, negotiation and a binding settlement.
Please enter a short description first.
The first contact is free of charge. We will expressly inform you in advance of any costs.
Response within 24 hours on working days
Project dispute1 of 5
- Contract and specificationPresent
- Points in disputeCheck
- Interests of both sidesCheck
- Choice of procedureMediation or negotiationMissing
- Record the settlementCheck
Point of review: Which path resolves the dispute fastest?
- 1Describe the disputeDispute and goal
- 2Choose the pathChoose the procedure
- 3
Record the settlement Record the settlement
Schematic illustration. Example fictitious and simplified.
We handle disputes for
- Clients
- Software companies
- Agencies
- IT service providers
- Start-ups
Key points at a glance
At ITMR Rechtsanwälte we handle disputes in IT projects out of court. Mediation is suitable when both sides want to continue the project or the business relationship. We represent you in negotiations or act as mediator in a procedure for both sides. A settlement requires both sides to take part voluntarily.
Starting position
When is mediation worthwhile in an IT project?
When the project has stalled but both sides are still interested in a solution.
In our experience, a project dispute can be resolved as long as both sides are still talking to each other.
Acceptance is refused. The client sees defects, the service provider sees change requests.
Change requests are not documented. Additional remuneration and dates are disputed.
Invoices remain unpaid while the service provider threatens to stop work.
Court proceedings would take years and require an expert opinion on the software.
- For whom
- Clients and IT service providers
- Trigger
- Delay, defects, remuneration
- Core
- Interests instead of positions
- Result
- Voluntary settlement
General questions on mediation and arbitration are covered on the page on dispute resolution and mediation. This page focuses on disputes in IT and software projects.
If you want to structure future contracts, the IT contract and software development contract pages are the right starting point.
Describe the dispute using the form. We will get back to you on working days within 24 hours.
Process
How do we resolve the dispute?
From dispute to settlement in three steps.
01
Describe the dispute The contract, specification, correspondence and your goals are enough.
02
Choose the path We review your position and propose negotiation, mediation or arbitration.
03
Record the settlement We record the result in binding form, on request as an enforceable settlement between lawyers.
Four review questions in a project dispute
- 1
Who owes what? Specification, requirements document, change requests and acceptance rules.
- 2
What do both sides really want? Completion, exit, payment or handover of code and data.
- 3
What risks are there? Cost and duration of court proceedings, expert opinions and project standstill.
- 4
How is the settlement made secure? Clear provisions on services, payments, deadlines and rights in the code.
Service
What does the package include?
Service package: IT project mediation
- RepresentationWe represent your interests in negotiation and mediation.
- MediationAt the request of both sides we act as mediator in a procedure, then without one-sided representation.
- SettlementDrafting a settlement or a settlement between lawyers.
- PreventionDispute clauses for future IT contracts.
- For whom
- Clients, software companies and IT service providers
- First response
- within 24 hours on working days
- Costs
- We tell you the costs transparently before you instruct us.
- Not included
- Technical expert opinions and project management.
Who delivers what and who decides
- Contract and specification
- Correspondence
- Your goals
- Assessment of your position
- Choice of procedure
- Negotiation and settlement
- Both sides decide on the settlement
- No one is forced into a solution
How does the engagement work?
- 1
First assessment You describe the dispute using the form. We assess which path fits. The first contact is free of charge.
- 2
Offer Before we start, we tell you the scope and costs transparently.
- 3
Court steps separately We agree court action and representation separately.
Mediation-or-litigation check
Is mediation right for your dispute?
Go through the points. The more points apply, the more an out-of-court path is worthwhile. Describe the dispute to us using the form at the end of the page.
Continuation Should the project or the collaboration continue?Willingness to talk Are both sides still talking to each other?
Technical questions Does the dispute turn on questions that would require an expert opinion in court?Several points in dispute Can defects, remuneration and dates only be resolved together?
Speed Do you need a solution in weeks rather than years?Confidentiality Should the dispute stay out of the public eye?
Misconceptions
Which assumptions are misleading?
Four statements we often hear in project disputes.
Mediation shows that you are interested in a fast and economical solution.
A settlement between lawyers can be declared enforceable.
In IT litigation, expert opinions, evidence and duration decide the outcome.
In our experience, a structured procedure clarifies points in dispute faster than lengthy exchanges of letters.
Legal framework
Which rules apply to mediation?
Under § 1 MediationsG, mediation is a confidential and structured procedure in which the parties voluntarily and on their own responsibility seek an amicable solution.
Under § 4 MediationsG, the mediator is bound by confidentiality.
A settlement concluded by lawyers in the name and with the authority of the parties can be declared enforceable under § 796a ZPO.
Under § 278a ZPO, the court can propose mediation or another procedure for out-of-court dispute resolution to the parties.
- § 1 MediationsG Definitions.
- § 4 MediationsG Duty of confidentiality.
- § 796a ZPO Settlement between lawyers.
- § 278a ZPO Mediation, out-of-court dispute resolution.
Limits
What does the package not cover?
Clear limits protect your planning.
- 1
No dual role Whoever represents one side cannot act as mediator at the same time.
- 2
No promise of outcome A settlement depends on both sides.
- 3
No expert opinion Technical questions are clarified by experts.
- 4
The decision remains yours Whether you settle is your decision.
What you can expect as a result
- A clear assessment of your position.
- A proposal for the right procedure.
- A binding settlement if both sides agree.
Legal status: 24.10.2026
Responsible specialist
Lawyer and mediator · Partner · Specialist lawyer for IT law · Specialist lawyer for copyright and media law
View profile Düsseldorf, Schirmerstraße 80 · Hamburg, Palmaille 124
TOP lawyer 2027 · Business lawyers · Intellectual property
F.A.Z.-Institut and QuantiQuest. Based on recommendations from peers and assessments by in-house counsel. Source (opens in a new tab)
FAQ
What do clients ask about IT project mediation?
How does this differ from the page on dispute resolution and mediation?
That page explains the area of law as a whole. This page is about disputes in IT and software projects.
Do you represent me or mediate?
Both are possible, but not in the same dispute. We clarify at the outset which role we take on.
What happens if the mediation fails?
Arbitration or the courts remain open. Mediation can make later proceedings more focused.
Does the other side have to agree?
Yes. Mediation is voluntary. We can propose the procedure to the other side.
How long does a mediation take?
That depends on the dispute. Many procedures need only a few sessions; the parties set the timetable.
How do I use the mediation-or-litigation check?
Go through the points for your dispute. Send us your answers using the form and we will suggest the right path.
Next step
Can your project dispute be resolved without going to court?
Describe the dispute to us. We show you which path fits your goal.
Helpful for your enquiry
- Contract and specification
- Key correspondence
- Your goal
A brief description is enough to get started.
Classify the dispute
For clients and IT service providers in a project dispute.
Briefly describe the dispute and goal.
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From our blog: Mediation: advantages for long-standing business relationships