| ADR - FAQs and
useful links
FAQs about the proceeding
In which cases can I apply for an ADR procedure? What should my application
contain? What does suspension of the period of limitation mean? Here you
can find answers (more).
Useful links all over Germany and Europe (more)
Also good to know
Obligatory attempt of conciliation
The system of ADR is usually based on the voluntary participation
of the disputing parties. In certain cases, however, state law can prescribe
an obligatory attempt of conciliation as a pre-requisite for subsequent
court proceedings according to the introductory laws to the German Code
of Civil Procedure (§ 15a, 2 EGZPO).
Only in certain cases an obligatory attempt of conciliation is prescribed
by state law. Without this attempt a case can be declined at court, especially
if it concerns financial disputes up to a litigation value of 750 Euros,
neighbour or defamation disputes. These rules are only applicable if both
parties have their residence in the same “Bundesland”.
However, an obligatory attempt of conciliation is not - no matter
how high the value of litigation is - a pre-requisite for litigation
in case of family disputes or if the complaint has been preceded by a
“Mahnverfahren” (a simplified and fast procedure for debt-collecting).
Suspension of the period of limitation
As long as the period of limitation for a given dispute has not expired
the alternative dispute resolution has a distinctive advantage: the period
of limitation will be suspended whether you initiate a proceeding or “merely”
negotiate with the opposing party (§§ 203 and 204, I no. 4 of
the German Civil Code (BGB).
This means that there is a suspension of the period of limitation as
long as there is an ongoing ADR procedure. But notice that if the period
of limitation applicable to the dispute has already expired and the opposing
party invokes the limitation, your application for conciliation will be
denied.
Enforcement
Settlements concluded before an ADR body that have been established or
are recognised by the administration of justice of the Bundesländer
are enforceable titles according to § 794, I no. 1 of the German
Code of Civil Procedure (ZPO). Other forms of settlements are considered
as contracts that can be enforced via a civil court action.
Arbitration Courts
The ADR bodies mentioned here are not to be confused with a court of arbitration
(“Schiedsgerichte”). More.
Complaints in administrative matters? SOLVIT!
The SOLVIT-Net is designed to help citizens or businesses to deal with
cross-border problems with a national public authority involving a possible
misapplication of EU law.
Bundesministerium für Wirtschaft und Technologie
[Federal Ministry of Economics and Technology]
SOLVIT-Stelle
Scharnhorststrasse 34-37, 10115 Berlin
Phone: 01888 / 615-6444
Fax: 01888 / 615-5379
eMail: [email protected]
European Ombudsman
He investigates complaints regarding maladministration by the institutions
and organs of the European Community.
1, Avenue du Président Robert Schumann
B.P. 403, F-67001 Strasbourg Cedex
Phone: 0033 / 388 / 172313
Fax: 0033 / 388 / 179062
eMail: [email protected]
www.euro-ombudsmann.eu.int
National Complaint Centres
Complaints regarding national, regional or local administrative matters
are dealt with by the ombudsman or the petition committee of the respective
authority.
Disputes between neighbours or relatives, at work or between
traders
Institutions providing ADR services are also offering help in case of
neighbourhood and family disputes, disputes between landlords and tenants
as well as employment related disputes. In those cases, please contact
the “Rechtsantragstelle” (the office for legal applications)
of the local courts, the local tenant association or a “Schiedsperson”
(an arbitrator) in the respective area.
Some Chambers of Commerce and Industry have established “Schiedsstellen”
for disputes between merchants (cf. ADR-bodies in Germany, contact details
under “Retail”).
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