Conciliation proceedings; information on implementation

As a party to a civil or family law dispute, you are offered the opportunity, as an alternative to a court hearing, to find a voluntary solution to the conflict in the interests of all parties under the guidance of specially trained judges.

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The Bavarian courts offer so-called "conciliation proceedings" in civil and family matters. This means that the court can refer the parties in suitable legal disputes to a so-called conciliation judge, who is not the judge deciding the dispute. The arbitrator can use all methods of conflict resolution, including mediation, to find an amicable solution to the legal dispute. If an agreement is reached in the hearing before the arbitrator, a court settlement is usually recorded and the proceedings are thus concluded. If an agreement is not reached, the case file is sent back to the competent dispute judge without the latter being informed of the contents of the hearing before the conciliation judge. The proceedings then continue as normal.

The conciliation procedure enables you to settle a dispute at an early stage of the proceedings. This allows you to avoid time-consuming and expensive taking of evidence and possibly further stages of the proceedings or even further litigation - for example if there is a neighbor or business partner on the other side. But even at a later stage of the proceedings, the conciliation procedure can lead to a solution that is in the interests of all parties.

There are no additional court costs for you. As the arbitration hearing is usually scheduled promptly, there is usually no significant loss of time even if an agreement is not reached.