DE
EN

The new Mediation Act

Options for out-of-court dispute resolution
from an engineering point of view

The German act to promote mediation and other methods of out-of-court conflict resolution entered into force on 26 July 2012. This act transposes Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters into national law. As a result, a legal basis exists for mediation as an alternative instrument for out-of-court dispute resolution.

Mediation designates the work on resolving a conflict whilst involving an independent third party that acts as an intermediary. This third party has no decision-making authority. It is responsible for establishing the setting for the...

Related articles:

Issue 02/2013 Mediation, conciliation, expert determination

Options for out-of-court dispute resolution

The construction industry is one of the sectors where many disputes arise because of inter alia delays, changes in the scope of the assignment or warranty claims. Such disputes often occur during ...

more

Issue 02/2021

Coronavirus and employment law – What you need to know in the pandemic

All areas of society are being subjected to a stress test by the corona-virus pandemic, this also includes the legal system as well as the field of employment law. We have to cope with the new...

more

Issue 02/2013 Recent case law

Private building law with respect to remuneration and liability

Recent case law pertaining to the precast element contract In building practice, knowledge of the parties to the contract, of the legal nature of the contract entered into by these parties and of the...

more

Issue 02/2014 Current labor law

Changing case law pertaining to leave entitlements –

One can rightfully state that the law pertaining to leave entitlements has been subject to radical change in the last couple of years and relatively rarely in favor of employers. This paper...

more

Issue 02/2015 Violation of the manufacturer’s specifications - a defect?

Clauses in sub-contractor contracts / sale of goods law

Clauses in sub-contractor contracts In the chain of performances under a contract for work and services, contracts between client and general contractor and contracts between general contractor and...

more