Die freiwillige Streitschlichtung vor Gütestellen

Alternative dispute resolution methods such as mediation are intended to be used more extensively in Germany, according to the wishes of the legislator, in order to relieve the judiciary and improve access to justice. This goal is to be achieved through various legal instruments. So far, there has been little success with the mandatory out-of-court dispute resolution under Section 15a of the Introductory Act to the Code of Civil Procedure (EGZPO), which was revived by the legislator in 1999. This work examines the extent to which the originally established infrastructure for mandatory procedures is being utilized for voluntary procedures such as mediation, and the legal framework in which this occurs. In particular, issues such as the suspension of limitation periods, enforceability of settlement agreements, and costs are addressed.