Opportunities of a mediation within a civil procedure in Germany
By Dr Angelika Baumhof & Christian Pflaeger, Jakoby Dr Baumhof
Why go to court and transfer the case to a mediating judge? Does that make sense? The German Civil Procedure Code allows the parties to suspend the civil procedure and have the case transferred to a different judge who has undergone specific mediation training upon mutual agreement.
He will only invite the parties to hold a meeting at court, which will be more a round table situation. The mediating judge will not decide the case. He is obliged to secrecy in regard to presiding judges. Via an NDA, the parties can agree that everything they disclose or say in this mediation cannot be used in the normal court procedure. It allows the parties to exchange the arguments directly and freely between themselves.
Often the parties need more than one session to enter into a settlement to be recorded by the mediating judge which is directly enforceable. No extra court fees will be charged for the mediation. According to internal records of civil courts, on average, 67% of mediations end in settlement.
Cases where mediation is highly beneficial are proceedings with numerous claims and counter claims, i.e. private construction law cases or indemnity claims by commercial agents. The costs are much lower and proceedings lasting for many years can often be avoided.
Dr Angelika BaumhofJakoby Dr Baumhof, Rothenburg o.d.T., Germany
T: +49 9861 9405 0
Dr Angelika Baumhof is a partner at Jakoby Dr. Baumhof. She specialises in corporate and commercial law and contractual civil law. She started her career as a judge at the District Court of Munich and as a prosecutor in Munich. Since 1996 she has been a partner at Jakoby Dr. Baumhof. Her main field of expertise is consulting, but she also practices litigation in all fields of commercial and private law. Angelika speaks German, English and French. She is member of the GGI International Corporate, Commercial & IP Practice Group, the GGI International Real Estate Practice Group and the GGI Debt Collection, Restructuring & Insolvency Practice Group.
Christian PflaegerJakoby Dr Baumhof, Rothenburg o.d.T., Germany
T: +49 9861 9405 0
Christian Pflaeger Christian Pflaeger is an attorney at law who specialises in corporate and commercial law. He also has a degree as an economic lawyer. Christian joined Jakoby Dr. Baumhof after his second state legal examination. He speaks German, English and French.
Jakoby Dr Baumhof – Auditors Tax Consultants Lawyers – is a medium-sized interdisciplinary company located in the south of Germany, with offices in Rothenburg ob der Tauber in Northern Bavaria, and Ebersberg, near Munich. We operate from and provide a full service, mainly to small and medium-sized enterprises in a wide range of sectors.
Published: September 2015 l Photo: Colourbox.de