Streitschlichtung Durchführung

Brandenburg Arbitration and Conciliation Board Act (BbgSchGG)

Out-of-court dispute resolution proceedings are conducted by the arbitration boards of the municipalities and recognized arbitration boards.

You do not necessarily have to go to court for minor legal disputes or everyday trivial cases. The arbitration boards of the municipalities and the conciliation boards recognized by the Brandenburg Higher Regional Court offer you an inexpensive and simple way of settling disputes.

In certain civil disputes, you even have to attempt to reach an out-of-court settlement before initiating legal proceedings. You can find more information on this in the text Mandatory out-of-court dispute resolution.

Arbitration boards are staffed by arbitrators who work on a voluntary basis. They focus their activities on dealing with everyday civil disputes, e.g. disputes between neighbors, defamation disputes or disputes over monetary claims.

Arbitration boards also deal with minor criminal disputes, e.g. trespassing, insults, minor bodily harm or damage to property. If you wish to pursue one of these offenses by way of private prosecution before a criminal court, there is even an obligation to first carry out an out-of-court mediation attempt before an arbitration board (so-called conciliation attempt). Only if the attempt at conciliation is unsuccessful can a private action be brought before the competent criminal court.

The honorary arbitrators are elected by the local council and formally appointed by the competent district court. They live in the area of the arbitration board and are familiar with the local circumstances.

Another option for settling civil law disputes is offered by recognized arbitration boards that have been approved by the Brandenburg Higher Regional Court. The people working there often have special qualifications in the field of mediation.

The following documents are required to initiate proceedings before an arbitration board:

• signed application with
  • the names and addresses of the parties and their legal representatives
  • a brief description of the dispute and the objective to be achieved by bringing the matter before the arbitration board
• Copies of the application for the other party

If the arbitrator has opened an account for the receipt of electronic documents for the exercise of his/her office, an e-mail (without copies) is sufficient.

The documents required for proceedings at a recognized conciliation office should be requested from the respective conciliation office.

In proceedings before an arbitration board, the fee for the arbitration hearing is EUR 15.00, or EUR 25.00 if a settlement is reached. This fee may be increased by the arbitration board to a maximum of EUR 75.00, taking into account the scope and difficulty of the case. In addition, expenses (e.g. postage costs) may be incurred by the arbitrator.

In the case of proceedings before a recognized conciliation office, the costs for the conciliation proceedings are determined by the rules of procedure laid down by the conciliation office.

You initiate proceedings before an arbitration board by submitting an application to the competent arbitrator. The arbitrator will then usually set a date for the arbitration hearing and invite the parties to attend the hearing in person. Under certain circumstances, it is also possible to be represented at the hearing.

If an agreement is reached at the conciliation hearing, it is recorded in minutes. This record can be enforced in the same way as a settlement reached in court.

You should ask the respective conciliation office about the requirements and procedure for proceedings at a recognized conciliation office. The settlement concluded before a recognized conciliation office is enforceable in the same way as a settlement concluded before a court.

Arbitration boards are generally published on the websites of the local courts in whose district they are located and the relevant municipalities.

A list of the recognized arbitration boards in the state of Brandenburg is published on the website of the Brandenburg Higher Regional Court

• Dispute resolution through municipal arbitration boards or recognized arbitration boards
• Minor civil disputes (civil law), e.g. disputes between neighbors, defamation disputes, disputes over monetary claims

Criminal arbitration proceedings (attempted conciliation) at arbitration boards, e.g. in cases of trespassing, insults, minor bodily harm and damage to property

Arbitration boards and recognized arbitration bodies

Arbitration boards of the municipalities

recognized arbitration boards within the meaning of Section 794(1)(1) of the Code of Civil Procedure