The conciliation office

Even in a constitutional state, it is generally preferable to resolve an initially contentious problem by means of an amicable solution rather than a judicial decision.

BVerfG, 1 BvR 1351/01 vom 14.2.2007, Absatz-Nr. (1 – 47)

Mediator and lawyer Bernhard Böhm was recognised by the President of the Higher Regional Court of Dresden as the first legal conciliation office in Leipzig under the Saxon Arbitration and Conciliation Act, in accordance with § 794 (1) No. 1 of the Code of Civil Procedure (ZPO) in conjunction with § 22 Implementation Act to the Court Constitution Act (AGGVG).

The conciliation office offers special mediation procedures – for most civil law disputes and regardless of the amount in dispute!

The aim of these procedures is to arrive at a conflict resolution that is amicable and in line with the interests of the parties involved.

Advantages of agreement before a conciliation office

  • The proceedings are strictly confidential.
  • Terms are suspended (§ 204 para. 1 no. 4 BGB).
  • Enforcement can be pursued from the recorded agreement (§ 794 Paragraph 1 No. 1 of the Code of Civil Procedure (ZPO)).
  • In many cases – especially in the case of high amounts in dispute – proceedings before the conciliation office are cheaper and faster than court proceedings.

Mediator and lawyer Bernhard Böhm was recognised by the President of the Higher Regional Court of Dresden as the first legal conciliation office in Leipzig under the Saxon Arbitration and Conciliation Act, in accordance with § 794 (1) No. 1 of the Code of Civil Procedure (ZPO) in conjunction with § 22 Implementation Act to the Court Constitution Act (AGGVG).

You can download the recognition by the president of the OLG Dresden here: Recognition-Guetestelle

You can download the valid rules of procedure: Rules of Procedure-Guetestelle

We offer you the possibility of conducting the mediation either according to the rules of procedure of the conciliation office or detached from them. When selecting the appropriate procedure, the following questions should be considered from our experience:

  • How important is the inhibition of time limits?
  • To what extent should the agreement be enforceable?

In areas close to the law – e.g. in disputes between companies – mediation before the conciliation body can be useful. All those cases are permissible in which the parties can settle a dispute themselves according to the law – regardless of the amount in dispute!

For more remote areas of application – e.g. in the internal business sector – where questions of communication and cooperation are often at the forefront, we generally recommend dispensing with the necessary formalities at the conciliation office and making the procedure flexible.

The regulations for the recognition of quality assurance bodies may vary from one federal state to another. At this point we would like to inform you about the different types and tasks.

State-recognised quality assurance bodies within the framework of the voluntary quality assurance procedure
A mediation procedure (or conciliation or conciliation proceedings) before the conciliation body is permissible in all cases in which the parties can settle a dispute themselves according to the law – irrespective of the amount in dispute. This applies to most civil law matters such as contractual disputes. The conciliation office should therefore not be confused with the conciliation office for compulsory dispute resolution (see below), which has only a limited scope of activity.
The officially recognised conciliation boards have rules of procedure which – e.g. in Saxony – are examined and recognised by the president of the Higher Regional Court. The procedure, procedures, methods and costs also result from this. In Saxony, the person who is recognised as a conciliation office must also be authorised to provide extrajudicial legal services (as a rule, therefore, lawyers).

As a state-recognised conciliation office, we are not restricted in terms of space and are therefore active nationwide and internationally.

Conciliation boards for mandatory dispute resolution (e.g. in Baden-Württemberg, but not in Saxony)
The reform of the civil procedure in 2002, in accordance with § 15 a II No. 5 EGZPO, gave the federal states the possibility to prescribe an out-of-court conciliation procedure before filing a suit (obligatory conciliation procedure). Baden-Württemberg, Bavaria, Brandenburg, Hesse, North Rhine-Westphalia, Saxony-Anhalt, Saarland and Schleswig-Holstein have made use of this option.
According to this, a lawsuit for amounts in dispute of up to EUR 750.00, for neighbourhood disputes and defamation is only permissible after an unsuccessful attempt to reach an agreement before the conciliation body. In some federal states this also applies to actions under the General Equal Treatment Act (AGG). In both cases, the failed attempt to reach an agreement must be proven with a certificate of failure issued by the conciliation office.
In the event of a successful settlement, this is enforceable after being recorded by the conciliation office.
The Free State of Saxony – unlike Baden-Württemberg – has not made use of this possibility.

“Friedensrichter” and arbitration boards according to the Saxon Arbitration and Conciliation Board Act
In the Free State of Saxony, so-called municipal arbitration boards have been created in addition to officially recognised quality boards (see above). These in turn are filled by justices of the peace. They conduct arbitration and atonement proceedings before private actions are brought (for criminal offences). The procedures for municipal arbitration boards do not have their own rules of procedure – unlike officially recognised arbitration boards – but are bound by rigid legal requirements.

The course of the mediation procedure before conciliation board is regulated in our rules of procedure, which have been examined and accepted by the president of the Higher Regional Court of Dresden. The rules of procedure regulate the necessary framework conditions, but avoid excessive bureaucracy in order to ensure an effective and speedy procedure.

In the following we will give you an overview of the course of the mediation before the conciliation office. Please note: The Rules of Procedure alone are binding, from which you can find further details.

The way to the conciliation office
The mediation procedure shall be initiated at the request of a party. You can send us the request in writing, by fax, by e-mail, orally or by telephone.
In the event that limitation periods are suspended (§ 204 (1) No. 4 BGB) or other legal consequences of invoking a conciliation office are to be achieved, the request to conduct the mediation procedure must be made in writing.
You can find further application requirements in our Rules of Procedure.

Initiation of the mediation procedure after receipt of the request
If the other party has not yet agreed in writing, we will arrange for the other party to be notified of the request. If, within four weeks after notification of the request to the other party, no written consent to conduct the mediation procedure is obtained, we will notify the requesting party in writing of the failure of its request and the termination of the procedure.
If all parties have agreed to the mediation procedure, we will determine a date for the hearing as conciliation body.

Implementation of the mediation procedure
The mediation procedure is not public. Either party may seek legal or other assistance. The mediation hearing is oral and is not usually prepared by written submissions. How many dates and to what extent is reasonable is discussed with the parties in advance.
The aim of the mediation procedure is that the parties involved, with our support, reach a conflict resolution that is responsible for themselves, amicable and in line with their interests. The focus is thus on communication and dialogue. The mediator ensures fairness and that all parties involved can negotiate “on an equal footing”. If it is conducive to a speedy resolution of the dispute, the mediator may conduct individual discussions with the parties or their representatives.

Termination of the mediation procedure
The mediation procedure ends with the signing of an agreement between the parties on the subject matter of the dispute or parts thereof. It shall also end by a declaration by one of the parties that the mediation procedure has failed and is terminated or by a declaration by the mediator that he considers the mediation procedure to have failed.

Final record and possible enforceability
If an agreement is reached, it is recorded by the mediator and approved by all parties. From the recorded agreement of the parties, execution can be carried out in accordance with § 794 Para. 1 No. 1 ZPO.

Important: If the mediation procedure fails, legal recourse is still open to you! You therefore do not waive any rights until the agreement is approved.

Our services

We are the first recognised legal conciliation office in Leipzig to mediate in disputes nationwide. And thus achieve reliable, satisfactory results in many cases.

Our services include among others:

  • Advice on the various options for out-of-court conflict resolution

  • Implementation of conciliation procedures as mediation or conciliation procedures

  • Alternative: Development of individual, tailor-made processes

Your contact person for the conciliation office

Bernhard Böhm
Bernhard BöhmZertifizierter Mediator und Rechtsanwalt, anerkannte Gütestelle, eingetragener Mediator nach österr. ZivMediatG

Unverbindliche Kostenanfrage oder Terminvereinbarung

Anfrage stellen
Anfrage stellen