In certain civil disputes (civil law), you must attempt mediation before you can take legal action in court.

This applies in particular to some claims under neighboring law, e.g. due to

• immissions, overgrowth (of roots, branches, etc.), encroachment (of fruit, etc.), a boundary tree
• Neighbor rights according to the respective neighbor law of the country
• civil law claims for defamation
• violations of the General Equal Treatment Act (AGG).

An attempt at mediation is mandatory in these cases if both parties live in the same district or have their registered office or place of business in the same district.

An attempt at conciliation is not necessary if you wish to assert a claim in the dunning procedure. In certain other cases, in particular disputes in family matters and claims asserted in documentary or bill of exchange proceedings, a prior attempt at mediation is also not required.

In cases of compulsory dispute resolution, you should try to find an amicable solution together with your opponent. An impartial mediator or arbitrator working at the arbitration office or another recognized conciliation office can help you with this. One of the advantages of such mediation is that it can usually be implemented more quickly and helps to avoid a long legal dispute over several instances, which ultimately saves time and money.

If an agreement is reached in the conciliation hearing, it is recorded in a protocol. You can enforce this record in the same way as a settlement reached in court.

If your opponent fails to attend the conciliation hearing without excuse or if an agreement is not reached, this will be noted in a certificate. You can then use this to file an action in court.

Please also note that mandatory dispute resolution is not only provided for certain civil law disputes, but also for certain criminal offenses. If you, as the affected party, wish to pursue an offense in court yourself as a private action, you must first carry out a so-called attempt at reconciliation. This includes minor offenses such as trespassing, insult, violation of the secrecy of correspondence, bodily harm, threats and damage to property.