Out-of-court dispute resolution procedures offer parties a structured and legally compliant way to resolve conflicts without initiating court proceedings. These procedures create space for agreement, help preserve business relationships, and enable confidential clarification of disputed issues.
The following procedures form the framework for out-of-court dispute resolution conducted by CenaCom. Each procedure follows a defined structure and clear responsibilities. Data protection and confidentiality are fundamental principles. The duty of confidentiality is set out in Section 4 of the German Mediation Act.
The state-approved conciliation procedure serves to formally resolve disputes through an enforceable settlement before a recognized dispute resolution body (formerly: conciliation body). The resulting settlement is enforceable and suspends the statute of limitations. It is particularly suitable for civil and commercial disputes, such as claims or contract conflicts.
Legal basis: Section 794 (1) No. 1 of the German Code of Civil Procedure (ZPO).
Mediation is a structured process in which the parties, guided by a neutral mediator, work out their own solution. It is fully voluntary and suitable for internal, institutional, or complex conflicts in which long-term understanding and future-oriented cooperation are central.
Legal basis: German Mediation Act (MediationsG).
Claims, contract disputes
Commercial disputes
Internal or institutional conflicts
The choice of procedure depends on the objective you wish to achieve and on the current state of the conflict. Time, costs, and interpersonal dynamics are key factors in this decision.
If you wish to initiate a procedure before the CenaCom Dispute Resolution Office, we take care of all organisational steps. Our team of experienced mediators and conciliators, with backgrounds in law, business, engineering, and public administration, supports you throughout the entire process, from submitting the application to reaching an enforceable settlement.
The conciliation procedure (state-approved; known as “Güteverfahren”) is appropriate when legal deadlines must be met or an enforceable settlement is required.
Mediation is suitable when the parties wish to develop a solution independently and maintain their ongoing relationship.
Conciliation (with proposal) is helpful when a neutral third party is expected to propose a realistic and balanced solution without issuing a binding decision.
The Conflict Management or Dispute Management System (DMS) ensures a uniform, transparent, and traceable workflow for all dispute resolution procedures within an organization. It supports the structured recording, documentation, and administration of procedures and thereby improves internal processes for handling conflicts.
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