State Certified Conciliation Authority

• Appealing to a conciliation authority interrupts the running of the limitation periods of claims
  (§ 204 (1) 4 of the Civil Code).
   
• Execution may be levied based on the agreements recorded before a conciliation authority
  (§ 794 (1) 1 of the Civil Procedure Code). Claims from such agreements lapse within 30 years
  (§ 197 (1) 4 of the Civil Code).
   
• A settlement concluded between cooperative apartment owners before a conciliation authority has the effects of a judgment (§ 19 (3) of the Act on Cooperative Housing Ownership).

 
RULES OF PROCEDURE

§ 1

Scope of Application

(1) Dr. Renate Braeuninger-Weimer, Attorney at Law and Mediator (hereinafter, the "Mediator"), is a state certified conciliation authority in the terms of § 794 (1) 1 of the Civil Procedure Code. Execution may be levied based on the agreements recorded by the conciliation authority and the running of limitation periods interrupted.

(2) Conciliation proceedings (mediation) shall be admissible in all cases in which the parties may themselves resolve disputes in accordance with the law.

(3) These Rules of Procedure shall not apply to matters in which the Mediator is active as an arbitration body of the conciliation authority at the local court in accordance with the Baden-Wuerttemberg Act on the Obligatory Settlement of Disputes Out of Court or to mediation proceedings which are conducted outside these Rules of Procedure.

§ 2

Procedural Principles

(1) The mediation proceedings shall aim at bringing about, with the aid of the Mediator, an agreement between the parties in line with their interests. The mediation proceedings are not formal court proceedings or proceedings before an arbitration board.

(2) The Mediator shall be directed in her activity solely by the identifiable interests of the parties and the applicable legal situation.

(3) The Mediator shall be neutral, independent and unbiased. The Mediator may not advise or represent either party to the matter forming the subject of the mediation proceedings as a unilateral representative in the capacity of attorney or otherwise or have advised or represented either party prior to the start of the proceedings. This shall apply accordingly after the conclusion of the mediation proceedings. Prior advice to only one of the parties in relation to the initiation of the mediation proceedings shall be admissible. Such advice shall be disclosed to the other party before the start of the mediation proceedings.

(4) The Mediator shall promote the resolution of the dispute in any way she deems fit. For this purpose, the Mediator may develop non-binding proposals or alternatives to resolve the dispute and present them to the parties jointly or individually. The Mediator shall not be authorized to decide the dispute in whole or in part in a legally binding fashion.

(5) The Mediator shall be obligated to maintain secrecy in relation to all facts which form the subject of the mediation proceedings. The Mediator and her assistants may not be examined as witnesses concerning transactions from the mediation proceedings; the Mediator shall avail herself of her existing rights to refuse to give testimony.

§ 3

Initiation of Proceedings

(1) The mediation proceedings shall be initiated at the petition of one party. The petition may be submitted to the Mediator in writing, verbally or per telephone.

(2) In the event the running of the limitation period for a claim is interrupted (§ 204 (1) 4 of the Civil Code) or any other legal consequence of appealing to a conciliation authority is achieved, the mediation proceedings are to be requested in writing from the Mediator. The mediation petition must contain the following information:

a) the names (with regard to legal persons, also those of their legal representatives), addresses for service of process, phone and fax numbers as well as other communications possibilities of the parties and the representatives thereof.

b) a brief depiction of the subject of the dispute. The petition is to be signed by the party filing it or the agent thereof; any written powers of attorney must be attached thereto.

§ 4

Scheduling of a Hearing

(1) The Mediator shall immediately schedule the time and place of the mediation hearing with the parties.

(2) If mediation proceedings are initiated by petition pursuant to § 3 (2) hereof and the other party is prepared to attend the hearing, the Mediator shall determine a date for the hearing, which shall normally take place within two weeks.

(3) The parties shall be sent these Rules of Procedure and requested to approve them. The adverse party shall receive a copy of the petition in accordance with § 3 (2) hereof.

§ 5

Personal Appearance of Parties

(1) The parties are to appear at the scheduled hearing in person.

(2) A party may send a representative to the hearing, provided the representative is capable of clarifying the state of affairs and expressly authorized to conclude a settlement agreement. Trading partnerships and legal persons may be represented by agents who must be empowered to make decisions. Parents may represent each other as legal representatives of their children based on written powers of attorney.

(3) Each party may avail itself in the mediation proceedings of legal counsel or an attorney at law. The party must inform the Mediator thereof prior to the mediation hearing.

§ 6

Mediation Hearing

(1) Unless agreed upon otherwise by the Mediator and the parties, the mediation proceedings shall not be public.

(2) The mediation hearing shall be conducted verbally and shall not be prepared by briefs. The mediation hearing shall be conducted on a single date. In the event the hearing is interrupted, a date for the continuation of the hearing must simultaneously be scheduled.

(3) Witnesses and experts may be heard; such persons are to be presented at the hearing by the parties at their own cost. Any documents presented may be taken into consideration. Inspections may be made with the approval and in the presence of both parties or the representatives thereof.

§ 7

Termination of Proceedings

The proceedings shall terminate:

a) through an agreement terminating the dispute;

b) in the event either party declares the proceedings to have failed; or

c) in the event the Mediator declares the proceedings to be terminated due to the lack of prospects for success;

d) in the event either party does not render the requested advance payment on costs in whole or in part within a period of two weeks after a written payment reminder.

§ 8

Agreement; Record

(1) At the request of either party, a record shall be kept regarding the agreement or the failure of the settlement attempt.

(2) The record must contain:

a) the name of the Mediator;

b) the place and time of the hearing;

c) the names and addresses of the appearing parties, legal representatives, agents and legal counsel;

d) the subject of the dispute;

e) the agreement of the parties and/or a memorandum on the failure of the settlement attempt.

(3) The record must be signed by the Mediator. The record must be read to the parties or the representatives thereof, presented to them for inspection, and approved by them by signature.

§ 9

Copy and Storage

(1) The Mediator shall issue the parties or the legal successors thereof copies of the record upon request.

(2) The Mediator must store the original record as well as the other files for the period of five years after the termination of the proceedings

§ 10

Execution

(1) Execution shall take place in accordance with § 794(1)1 of the Civil Procedure Code based on the agreement of the parties placed on the record.

(2) The Local Court of Karlsruhe shall be competent to issue an execution clause.

§ 11

Fees and Outlays

(1) For her activity, including the preparation before and after the mediation hearing, the Mediator shall receive an hourly rate which shall be determined in accordance with the following provisions:

plus the applicable value-added tax. In the event scheduled hearings do not come about, the fee shall be the rate for one hour, provided the hearing is not cancelled the day before at the latest.

(2) In the event an agreement is concluded, the Mediator shall additionally receive the settlement free pursuant to § 23 of the Federal Schedule of Attorneys' Fees (BRAGO).

(3) Outlays and travel costs shall be reimbursed in accordance with the provisions of BRAGO.

(4) The compensation shall be borne equally by the parties as joint and several debtors, unless agreed upon otherwise. In the event only one party fails to appear at a hearing without canceling in due time pursuant to Paragraph 1 above, such party alone must pay the resulting fee.

§ 12

Due Date; Advance Payment; Retention Right

(1) The fees shall be due upon the termination of the mediation.

(2) The Mediator may request from the parties to the mediation an advance payment for the first mediation date and make the mediation hearing contingent on the payment of such advance payment. For any further mediation hearings, the Mediator may request from the parties equal advance payments for up to four further mediation hearings.

(3) The confirmation of the failure of the settlement attempt as well as counterparts and copies of the record may be retained until the due costs billed to the relevant party have been paid. This shall also apply to the initiation of executable counterparts vis-à-vis the party requesting such.

§ 13

Reimbursement of Outlays of Parties

Each party shall bear its own cost. No costs shall be reimbursed, unless agreed otherwise by the parties.

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