Out-of-court dispute resolution

We have previously referred to the research conducted by Halle law professor Meller-Hannich, which suggests that there are dramatically fewer lawsuits in Germany. And the trend seems to be continuing.

• Link to our Blog post „No reason to sue?! Decline in the number of lawsuits filed with German courts“.
• Interview with Mrs Meller-Hannich in the Podcast.
• Here is an informative press article on the additions to and departures from (court law) Link
• Back in 2016, – was already being talked about several times – beyond the professional world, Link Süddeutsche and Link Spiegel (with graphic).

Consumer dispute resolution/mediation

Even the dispute resolution centres that have emerged have not seen an increase in the number of cases. For 2018, it can be stated that the majority of consumer disputes did not end up before the dispute resolution centres.

The activity reports of the arbitration boards show no significant increase for 2018.

• The only pleasing exception here is the – arbitration centre for local public transport (Soprano), which is very well positioned online. It almost doubled its (nevertheless low) case volume. Link
• A nice overview and statistical evaluation of the 2018 case numbers for the arbitration boards can be found at Prof Gregor's arbitration board forum. Link

State-recognised quality assurance bodies

In addition to mediators and arbitrators, (civil law) conflicts can increasingly be handled by state-recognised conciliation boards. This development is still in its infancy, but the services are available. 

• Interview with representatives of a conciliation centre on the procedure of a conciliation procedure and the framework conditions Link

Dealing with conflicts in the business and working world

• The International Labour Organization (ILO)a specialised agency of the United Nations (UN), has for the first time published a Convention adopted to combat violence and harassment in the workplace in concrete terms and with sanctions. is pronouncing. Sounds like a matter of course, but is in fact a sensation, at least for the signatory countries.
  • Press article on the convention. Link
  • Website of the ILO with the corresponding message Link
  • Violence and Harassment Convention Link
• Companies do not have to build an entire Conflict management system build up. It is often sufficient to introduce individual elements, building blocks and instruments (and to follow the master plan in the background). Instrument of a conflict telephone into focus. Link

Concepts for mediation