In certain civil disputes (civil law), you must attempt mediation before you can file a lawsuit in court.

This applies in particular to certain claims under neighbor law, such as those involving

• nuisances, overgrowth (of roots, branches, etc.), falling objects (such as fruit, etc.), or a tree on the boundary
• neighbor law claims under the respective state’s neighbor law statute
• civil claims arising from defamation
• violations of the General Equal Treatment Act (AGG).

An attempt at conciliation is mandatory in these cases if both parties reside or have their principal place of business or a branch office within the same district court jurisdiction.

An attempt at mediation is not required if you wish to assert a claim through the dunning procedure. In certain other cases as well—particularly in disputes involving family matters and claims asserted in document or bill of exchange proceedings—a prior attempt at mediation is not required.

In cases of mandatory mediation, you should try to reach an amicable solution together with the other party. An impartial mediator or arbitrator working at the arbitration office or another recognized mediation center can assist in this process. One advantage of such conciliation is that it can usually be implemented more quickly and helps avoid a lengthy legal battle through multiple courts, which ultimately saves time and money.

If an agreement is reached during the mediation hearing, it is recorded in a written record. You can enforce this record just as you would a settlement reached in court.

If your opponent fails to appear at the mediation hearing without a valid excuse or if no agreement is reached, this will be noted in a certificate. You can then use this certificate to file a lawsuit in court.

Please also note that mandatory dispute mediation is required not only for certain civil law disputes but also for certain criminal offenses. If you, as the affected party, wish to pursue a criminal offense in court as a private prosecution, you must first attempt mediation. This applies to minor offenses, such as trespassing, insult, violation of the privacy of correspondence, assault, threats, and property damage.