Frequently Asked Questions
Out-of-court dispute resolution includes various ways to settle conflicts without initiating court proceedings, such as dispute resolution procedures, mediation, or conciliation. The following questions and answers provide an overview of the differences, processes, and characteristics of each method.
General Questions
What are the differences between the individual types of procedure?
A common feature of out-of-court dispute resolution procedures is that a neutral third party (mediator, arbitrator) assists the disputing parties in resolving their conflict. This is essentially done by structuring the dispute resolution process and ensuring that the parties communicate with each other in a constructive manner.
The main difference between a mediation and an arbitration procedure is that the arbitrator submits their own solution proposal for the conflict to the parties. However, the parties must request this by mutual agreement at the beginning or during the process. The mediator, on the other hand, supports the parties in developing their own solution to the conflict.
The dispute resolution procedure (formerly known as “Güteverfahren” in German) can be structured as both a mediation and an arbitration procedure. If a party initiates a dispute resolution procedure before a state-recognized conciliation office by submitting an application, either a mediation or an arbitration procedure can be carried out.
Further information on the individual types of proceedings in direct comparison can be found here.
Dispute Resolution
What happens if the parties cannot reach an agreement in the dispute resolution procedure?
If the parties are unable to reach an agreement despite the conciliation hearing or the defendant does not agree to participate, a so-called certificate of unsuccessfulness will be issued. When this certificate is issued, the suspension of the limitation period ends six months later (Section 204 (2) BGB). This means that the parties can then pursue other avenues, such as court proceedings, if they wish.
How do I initiate a dispute resolution procedure and what documents do I need?
The procedure is initiated by submitting a dispute resolution application or conciliation application (formerly known as “Güteverfahren” in German). You can submit this application using the online form on the website. The underlying facts and the asserted claim must be clearly described in the application. A qualified electronic or handwritten signature is required depending on the submission method (email, beA, fax or post). The application can be filed either by one party alone or jointly with the other party.
What exactly is a dispute resolution procedure and what advantages does it offer over court proceedings?
A dispute resolution procedure is a statutory way of resolving disputes out of court. It serves to end disputes in a structured, confidential and legally secure manner without having to go directly to court. The main advantages are legal certainty thanks to a potentially enforceable agreement (Section 794 of the German Code of Civil Procedure (ZPO)), the suspension of the statute of limitations from the time the application is filed (Section 204 of the German Civil Code (BGB)), confidentiality thanks to the statutory duty of confidentiality, the voluntary nature of the agreement and the often faster settlement.
How long is the limitation period for my claim suspended?
The suspension of the limitation period ends six (6) months after the date on which CenaCom initiates the notification to the creditor of the debtor’s decision not to participate in the dispute resolution proceedings (formerly: conciliation proceedings). This requires an internal CenaCom process that corresponds to the date on the CenaCom certificate of no success.
How long does a dispute resolution procedure usually take?
An out-of-court dispute resolution procedure at CenaCom takes an average of 2-4 months from application to conclusion. In comparison, court proceedings can take 12-24 months or longer.
Typical procedure:
- Week 1-2: Examination and forwarding of the application to the other party
- Week 3-6: Response period of the other party and appointment agreement
- Week 7-12: Conciliation hearing(s) with our experienced mediator(s)
- Week 13-16: Conclusion by settlement or certificate of unsuccessfulness
The duration depends on the complexity of the case, the willingness of the parties to cooperate and the number of hearings required.
What is a qualified electronic signature (QES)?
A qualified electronic signature (QES) is the legally strongest form of digital signature and is legally equivalent to a handwritten signature.
It fulfills the following requirements:
- Clear assignment to the person of the signatory
- Recognition of changes to the document after signing
- Legal certainty in accordance with the EU eIDAS Regulation and the German Trust Services Act
- Issued by qualified trust service providers (e.g. D-Trust, Bundesdruckerei)
How do I submit a dispute resolution request to CenaCom with legal certainty?
1. create an application online and generate it as a PDF:
- Complete the dispute resolution request form online here
- Click on“Generate application as PDF“
- Save the PDF on your device
2. check before signing! (IMPORTANT)
Check the PDF carefully before signing:
- Completeness of all details
- Correct spelling of names and addresses
- Correct dates and amounts
- Comprehensible statement of facts and description of the asserted claim(s)
- claim(s) asserted
3. PDF with qualified electronic signature:
The PDF MUST be provided with a qualified electronic signature!
Providers for qualified electronic signatures (selection):
- Adobe Sign (with qualified certificates):
- D-Trust: https://www.d-trust.net
- Bundesdruckerei: https://www.bundesdruckerei.de
- DATEV: https://www.datev.de
- Governikus: https://www.governikus.de
5. final check after signing:
Check after signing:
- The PDF shows a lock symbol or signature seal
- The document is read-only (no longer editable)
- The signature is displayed as valid
- Signature details show your name and the certificate
Recognition features of a correctly signed PDF, e.g:
- Blue signature bar at the top
- Message“Signed and all signatures are valid“
- Document status shows“Certified” or“Signed“
6. submission to CenaCom:
Send the signed PDF to us.
If you are unable to sign the PDF with a qualified signature, please print out the PDF, sign it and send it by fax to: 0721 18056059.
Avoid common mistakes: These signatures are NOT sufficient:
- Simple electronic signature (e.g. DocuSign Standard)
- Scanned handwritten signature
- Digital stamps without a certificate
- Adobe signature without a qualified certificate
If you have any questions about the application process, please contact us by e-mail.
Legal notice: Only applications duly signed with a qualified electronic signature can lead to a suspension of the statute of limitations. Unsigned or incorrectly signed documents will not be processed.
