Mandatory dispute resolution Unfortunately this specification of service has not yet been completely translated.
In certain civil disputes, the Hessian Law regulating out-of-court dispute resolution requires you to attempt arbitration before you can bring an action before the court. In doing so, an impartial arbitrator appointed by the Arbitration Office or a recognized quality authority shall attempt to find an amicable solution with you and your opponent. One of the advantages of this is that it can usually be implemented more quickly and helps to avoid a long legal battle over several instances, which ultimately saves time and money. If an agreement is reached in the conciliation hearing, it shall be recorded in a minutes. This protocol may be used as if from a court-made settlement. If your opponent is unapologetically absent from the arbitration hearing or if no agreement is reached, this will be noted in a certificate. You can then use it to bring an action before the courts. The aim of an attempt at conciliation is to strengthen the self-responsible resolution of conflicts and to improve legal peace. Tip: Detailed information on the procedure for out-of-court dispute resolution can be provided in the brochures "Conciliation instead of Judging" and "The Hessian Arbitration Office" of the Hessian Ministry of Justice. It also explains alternative options for mandatory dispute resolution under the Hessian Law on the Regulation of Out-of-Court Dispute Resolution.
Mandatory dispute resolution shall be carried out in the case of one of the following disputes: certain neighbouring disputes or Disputes over personal honour violations that have not been committed in the press or on the radio. Note: An attempt at conciliation is not necessary if a claim is made in the order for payment procedure. This also applies to other cases, in particular disputes in family matters and claims, which are asserted in the deed or bill of exchange process.
In order to initiate the conciliation procedure, you must submit a written application to the quality authority. The application must contain the names and address of the parties, a brief description of the dispute and the subject matter of the dispute and your request and be signed by the applicant party. Instead of the written request, you can also make an oral statement on the record with the quality authority.
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Hessian Ministry of Justice
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