A

Anwaltsvergleich

A “Anwaltsvergleich” (lawyer's settlement) is a special form of out of court settlement. As far a settlement is on the table and the debtor is willing to subject himself to it the enforcement of the agreement is effect as an execution warrant pursuant to § 794 Abs. 1 Nr. 4b of the code of civil procedure as long as both parties are represented by a lawyer. The settlement will become effective from such time as registered at the trial court or by a Civil Law Notary.

Back to the top of the page

M

Mediation

Mediation is one of the many methods of out of court dispute resolution.There gives many variations of mediation. All have in common though the fact that a third party attempts to help the parties by promoting a solution to their problem. As further common criteria it is left to the parties to take control. The third person (the CLN) is not authorised to make a binding decision on the parties and the procedure is consent and decision orientated.

Back to the top of the page

O

Obligatorisches Güteverfahren [Obligatory concilliation process]

In some circumstances it is required by law that, before the filing of a court action, the parties must at a minimum try to reconcile their differences out of court. A complaint will be deemed inadmissable if this has not taken place.In the case that the parties are unable to come to an agreement during the reconciliation process a certificate will be granted allowing the parties to take the issue to court.
Apart from the statutorily prescribed circumstances where one must undertake concilliation proceedings it is also possible, contractually, to specify that the parties should undertake concilliation proceedings before filing a court action.

Back to the top of the page

P

Privates Schiedsverfahren [Private arbitration]

Private arbitration is mainly concern with business activity and, contrary to mediation, plays a very small role for the individual. In many aspects the arbitration proceedings resemble the mediation process, both revolving around a voluntary out of court settlement with a high level of flexibility. The crucial difference is that the problem solution is not prepared by the parties, rather being made by a decision of the court.

Back to the top of the page

S

Schiedsspruch [Arbitration award]

A settlement can also be declared as an arbitration award with agreed upon wording, insofar as a arbitrator functions as an arbitral tribunal. The comparison is to be handled then according to the rules of the arbitration law. This has the consequence that the settlement has the same effect in accordance with § 1053 ZPO as a valid judgement and may not be appealed against.

Schlichtungsantrag [application for arbitration]

With the commencement of arbitration proceeding the legally prescribed time limit will be suspended during the duration of the procedure. This is also the case without the agreement of the other party. The application for arbitration must contain the names of the concerned parties, their addresses and a short account of the litigous matter. It should be evident in which field the need for regulation exists.

Staatlich anerkannte Gütestelle [Official concilliation body]

Official concilliation body's are either appointed by the Ministry of justice or approved arbitration bodies. This is often Civil Law Notaries.
Through the explicit state recognition the CLN posesses special capabilities not possessed by the normal mediator:

• the request for arbitration leads to the suspension of the time limit for bringing a claim before the courts
  
• The CLN is, due to his expertise, especially suitable as an arbitrator.
  
• The CLN is capable of making an executory decleration, meaning the court need not become involved.
  

Back to the top of the page