1. In which areas is a conciliation procedure useful?
Conciliation proceedings can be conducted in all civil law disputes. It is particularly valuable in our areas of expertise, especially in competition law, trademark law, design law and copyright law, as it frequently involves questions of legal application and only rarely involves disputed facts about which evidence would have to be taken.
2. Do I have to be represented by a lawyer in conciliation proceedings?
No. You may represent yourself in the conciliation proceedings. Patent attorneys may represent their clients alone in conciliation proceedings, since – in contrast to proceedings before the district courts – there is no obligation to be represented by a lawyer.
3. How do I initiate conciliation proceedings?
By submitting a written request to the conciliation board. For further details, please refer to our conciliation rules. To briefly state the most important points: The procedure is not as strictly formalized as a lawsuit; it is generally sufficient if it is clear what is being requested and on what basis. You are welcome to use our sample application form.
4. What does a conciliation procedure cost?
The fee to be paid consists of four components: A filing fee, a preparation fee, the time-related fee and the settlement fee. For detailed information, please refer to the “Cost arrangement“, which is available for download in the “Resources” section. We will be happy to answer any further questions by e-mail or telephone. Please use the contact form on our contact page.
5. Can I suspend the (German) statute of limitations through conciliation proceedings?
The statute of limitations can be suspended by a conciliation procedure in the same way as by filing a lawsuit (Section 204 (1) no. 4 of the German Civil Code: “The statute of limitations shall be suspended by causing an application asserting the claim to be filed with a state or state-recognized dispute resolution body“).
6. In which languages can the proceedings be conducted?
The proceedings are generally conducted in German. If both parties agree, the proceedings or the hearing can also be conducted in English or Italian.
7. How can settlements reached before the conciliation office be enforced?
Settlements concluded before the conciliation office can be enforced according to Section 794 (1) 1 ZPO (“Enforcement shall also take place from settlements concluded between the parties or between a party and a third party for the settlement of the legal dispute in its entirety or with regard to a part of the subject matter of the dispute before a German court or before a conciliation office established or recognized by the state judicial administration”). The enforcement clause is issued by the clerk at the Frankfurt am Main Local Court in accordance with Section 797a of the German Code of Civil Procedure.