Arbitration Office Unfortunately this specification of service has not yet been completely translated.
Especially in the case of disputes of daily life with neighbours or acquaintances, the atmosphere is quickly so tense that the participants can no longer speak out in peace. Until then, good relations are too bad to be jeopardised in a court dispute because the hedge of the neighbouring property has grown too high, your car has been damaged when parking or the craftsman next door has performed the repair order badly. It is precisely here that arbitrators can help to settle the dispute and maintain neighbourly, family and friendly relations. Since 1.12.2008, the Land Arbitration Act stipulates that an attempt at mediation must be made before an arbitrator or other quality authority for certain neighbouring law and infringement disputes. The Sühneversearch is also a prerequisite for bringing the private action. Prosecution is a matter for the state, but for some offences, an arbitrator must be involved before you can appeal to the court, namely the so-called private actions Trespassing Insult Violation of the secrecy of letters, Assault Threat Damage to property or Commission of the aforementioned offences in full rush. If such offences are considered, the Public Prosecutor's Office shall only bring charges if it affirms the public interest in prosecution. If it does not see such a public interest, you will be referred to the private action. This means that if you want to punish the perpetrator, you must bring a complaint to the criminal court. However, you can only file such a private action if you have previously tried to reconcile with the other parties out of court.
Special forms are not required.
In the event of a dispute over claims due to effects such as exposure to gases, vapours, odours, smoke, soot, heat, noise, vibrations from another property), unless it is an impact of a commercial establishment, Overgrown, Raid, of a boundary tree, of the neighbouring rights regulated by the Land Neighbours Act (e.g. construction of a neighbouring or border wall, fastening of chimneys, ventilation shafts or antenna systems), provided that they are not the effects of a commercial operation, and for personal honour violations not committed in the press or radio, an attempt at conciliation is unnecessary only if not all parties have their domicile, registered office or establishment in Rhineland-Palatinate in the same or neighbouring regional court districts at the time of initiation of the conciliation procedure. In principle, however, an attempt at arbitration before an arbitrator in all civil litigation is reasonable and possible. Only if the dispute is non-property (e.g. divorce, paternity disputes, custody and handling disputes) if property disputes amount to more than EUR 5,000 or in cases that are actually or legally particularly difficult (e.g. disputes over statutory maintenance obligations) the arbitrator may or should not take action. Arbitration is excluded, for example, in the case of: Divorce Paternity disputes, handling and custody disputes, from a value in dispute of EUR 5,000.
- § 923 Bürgerliches Gesetzbuch (BGB) Opens in new window
- Schiedsamtsordnung (SchO) Opens in new window
- § 911 Bürgerliches Gesetzbuch (BGB) Opens in new window
- § 906 Bürgerliches Gesetzbuch (BGB) Opens in new window
- Landesschlichtungsgesetz (LSchlG) Opens in new window
- § 910 Bürgerliches Gesetzbuch (BGB) Opens in new window
The proceedings are initiated by an application containing the name, occupation, marital status, date of birth and address of both parties, as well as a brief description of the dispute. You may forward the signed request to the arbitrator in writing or declare it orally "on record". The arbitrator shall now determine a date on which the parties to the dispute shall be summoned. Before the deadline, you should consider what matters to you and whether and to what extent you are willing to compromise, taking into account the situation of the other party. In the course of the meeting, both parties have time and opportunity to present their view of things calmly and unlike in a court case without publicity. The arbitrator will try to reduce existing tensions and reach an agreement. If successful, the concluded settlement shall be recorded in a minutes to be signed by the arbitrator and the parties. If necessary, such a comparison can also be enforced. If an agreement is not reached or the other party to the dispute does not appear on the date, you still have the opportunity to appeal to the court.
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