Out-of-court dispute resolution
In the case of minor legal disputes or in everyday minor cases, it is not necessarily necessary to go to court. A cost-effective and simple way of dispute resolution is offered by the arbitration offices. These have their activities focused on the negotiation of everyday civil law, e.g. neighbourhood and rent disputes or disputes over monetary claims, etc. justified. In the case of minor offences, e.g. trespassing, insult, minor bodily injury or damage to property, there is even an obligation to first appeal to the Arbitration Office to settle the dispute. Only if the attempt at conciliation has been unsuccessful can a private action be brought before the competent criminal court.
The honorary arbitrators, who are formally committed by the competent district court, live and reside in the municipality of the arbitration office and often know the human background of a dispute. Therefore, they often have better proposals for its settlement than a court could do with its procedural means.
Who should I contact?
The responsibility lies with the municipality, the joint municipality and the city.
What are the fees?
The official fee for the procedure is 15.00 euros (if the parties cannot agree). 25.00 euros are to be paid if an agreement is reached. In individual cases, for example in difficult proceedings, the fee can also be increased to a maximum of 50.00 euros. In addition, there are a few cents for expenses and writing fees. For example, EUR 0.51 is charged per page of forms. With the expenses for telephone charges and postage costs, you pay an average of 30 to 35 euros for a negotiation with an agreement.
What else should I know?
The Arbitration Office may be called upon in the following cases:
- In civil litigation (civil cases).
This is especially recommended when it comes to disputes between neighbors and housemates and in disputes over monetary claims with the merchant or craftsman in the neighborhood.
In the case of neighbourly disputes (e.g. overhanging roots and branches from a neighbouring property, fruits of trees and shrubs that fall over onto a neighbouring property and other claims of the claims regulated in the Lower Saxony Neighbours' Rights Act), mandatory dispute resolution is provided, i.e. an action in these disputes is only admissible if an attempt has been made beforehand to settle the disputes amicably before an arbitration office.
- In "small" criminal cases.
In the case of many minor offences, such as trespassing, insult, violation of the secrecy of correspondence, minor bodily injury, threats and damage to property, the public prosecutor's office may deny the public interest in prosecuting this offence.
In these cases, the "injured party" or "injured party" must first contact the Arbitration Office before a private action can be brought against the "accused" before the criminal court.
Website of the Association of German Arbitrators and Arbitrators
Author
The text was automatically translated based on the German content.
