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Mediation and conciliation proceedings – EUCON sets standards

Where different interests meet, conflicts often arise. Also and especially in business life. Conflicts are useful when they remove bottlenecks in decision-making processes. However, they usually cost unnecessary energy, money and time and damage relationships. The better approach, in our experience, is to recognize conflicts early on and deal with them properly. That is why we offer support through EUCON Conflict Management to all those who work in or for companies. EUCON Conflict Management starts with the recognition of conflicting interests and ends with appropriate solutions.

The EUCON Mediation Process

The EUCON Mediation Procedure has been developed by EUCON together with renowned scientists, companies and law firms in connection with the EUCON MEDIATION PROCESS and has gone far beyond the requirements of the Mediation Act.

The key points of the EUCON mediation process in detail are:

  • Optimized efficiency and predictability of the mediation process
  • Agreement of the parties to the EUCON MedO is sufficient – thus no further mediator contract is required
  • Minimized transaction costs and clear cost structure
  • Standard procedure duration of only 90 days
  • No procedural delay by one party possible
  • Qualified confidentiality rules that go beyond the Mediation Act
  • Possibility of including evaluative procedures (e.g. obtaining expert opinions)

The EUCON conciliation procedure

As a conciliation office recognized by the President of the Munich Higher Regional Court, EUCON also offers conciliation proceedings in accordance with the EUCON Conciliation Rules.

The EUCON conciliation procedure is a fast and cost-effective procedure for the out-of-court settlement of disputes. This procedure can be initiated at the request of one of the parties to the dispute without the need for court intervention. With the EUCON conciliation procedure, a secure suspension of the statute of limitations is brought about unilaterally.

The result of an agreement in the conciliation proceedings can lead to an enforcement title within the meaning of § 794 Paragraph 1 No. 1 ZPO. At the request of the parties to the conflict, the conciliation proceedings can be transferred to mediation in accordance with the EUCON Mediation Rules with crediting of the fees of the conciliation proceedings, which is recommended in the case of more complex conflicts. As a rule, the costs of the conciliation proceedings are to be borne by the losing party in subsequent civil proceedings in accordance with § 91 of the German Code of Civil Procedure (ZPO).

The Federal Court of Justice ruled in its judgment of October 28, 2015 – IV ZR 526/14,More

that recourse to a conciliation office for the purpose of suspending the statute of limitations is an abuse of rights if it is already clear before the submission of the conciliation application that the defendant is not prepared to cooperate in conciliation proceedings and to agree to an out-of-court settlement and he has already communicated this to the applicant in advance in an unambiguous manner. In this case, the creditor is precluded under Section 242 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) from invoking a suspension of the statute of limitations by notification of the conciliation application.