FAQ – Frequently Asked Questions

Yes, CenaCom offers modern online dispute resolution for maximum flexibility:

Available online formats:

  • Video conferences via secure, GDPR-compliant platforms
  • Hybrid negotiations (one part online, one part on site)
  • Document exchange via encrypted online portals
  • Digital signatures for settlement agreements

Advantages of online mediation:

  • No travel costs and time savings
  • Supra-regional procedures without geographical restrictions
  • Flexible scheduling even outside business hours
  • Environmentally friendly alternative to face-to-face appointments

Technical requirements:

  • Internet-enabled device (computer, tablet, smartphone)
  • Stable Internet connection for uninterrupted calls
  • Camera and microphone for the video conference

The legal validity of online settlements is fully guaranteed.

No, participation in the out-of-court dispute resolution procedure does not entail any legal disadvantages:

  • No precedent effect for subsequent court proceedings
  • No costs if mediation is unsuccessful (except own procedural costs)
  • No commitment to settlement proposals of the mediator/arbitrator
  • Procedure can be terminated at any time without giving reasons
  • Suspension of the statute of limitations remains in place throughout the proceedings

On the contrary: conciliation proceedings protect your rights by suspending the statute of limitations and fulfill the procedural requirements for subsequent court proceedings.

In addition to the basic fees for the conciliation proceedings (see also our schedule of costs), the following additional costs may arise:

  • Expert costs: For technical disputes (by agreement)
  • Interpreter costs: For foreign-language participants
  • Travel costs: For on-site negotiations
  • Additional hearing dates: From the second date
  • Copying and postage costs: For extensive documentation

All additional costs are communicated transparently in advance and require the consent of the parties involved. CenaCom will provide a detailed cost estimate for more complex procedures on request.

Yes, equal rights for all parties to the proceedings is a basic principle of out-of-court dispute resolution at CenaCom:

  • Equal speaking time and presentation opportunities for all parties
  • Neutral conduct of negotiations by our impartial mediators/arbitrators
  • Equal right to inspect files and access documents
  • No preference based on procedural experience or legal assistance
  • Voluntary participation without compulsion to specific solutions

As a state-recognized dispute resolution body, CenaCom guarantees a fair and transparent procedure in accordance with the standards of the Mediation Act and the Rules of Procedure.

The application fee at CenaCom is generally paid by the applicant. In the event of an agreement, the costs can be divided between the parties in a settlement:

  • Successful settlement: Distribution of costs as agreed by the parties
  • No agreement: Each party bears its own legal costs
  • Attorney’s fees: Each party bears its own attorney’s fees
  • Additional costs: Expert costs are shared according to the polluter-pays principle or cost allocation as agreed by the parties

Our scale of fees is based on the German Lawyers’ Fees Act (RVG) and is significantly cheaper than court costs. The exact costs depend on the value of the dispute.

A successful settlement in conciliation proceedings is documented by a legally binding settlement pursuant to Section 794 ZPO. This settlement:

  • Is recorded in writing and signed or approved by all parties involved
  • Has the effect of an enforcement order and can be enforced
  • Terminates the legal dispute definitively between the parties
  • Is judicially enforceable without further court proceedings
  • Cannot be contested (except in the case of lack of will)

Mediation procedures result in written mediation agreements that are binding under civil law.

Yes, all dispute resolution procedures at CenaCom are subject to the strictest confidentiality. As a state-recognized dispute resolution body, we guarantee:

  • Duty of confidentiality of all employees and mediators
  • Recording of the contents of negotiations only at the request of the parties
  • No disclosure of information to third parties without consent
  • Data protection according to GDPR for all personal data

Our mediators are not allowed to testify as witnesses about the content of the negotiations in any subsequent court proceedings. This confidentiality creates a trusting environment for open discussions and successful conflict resolution.

An out-of-court dispute resolution procedure at CenaCom takes an average of 2-4 months from application to conclusion. In comparison, court proceedings can take 12-24 months or longer.

Typical procedure:

The duration depends on the complexity of the case, the willingness of the parties to cooperate and the number of hearings required.

If the other party refuses to participate in the out-of-court dispute resolution procedure or does not respond within the set deadline, CenaCom issues a certificate of unsuccessfulness. This certificate has important legal effects:

  • Suspension of the statute of limitations remains in place until six months after the certificate of unsuccessfulness of the dispute resolution proceedings has been issued
  • Legal action is possible without a new attempt at conciliation proceedings
  • Litigation requirements are met for all proceedings that require mandatory conciliation proceedings

Any natural or legal person can apply to CenaCom GmbH as a state-recognized dispute resolution body in Karlsruhe for an out-of-court dispute resolution procedure. This includes private individuals, companies, associations and other organizations with civil law disputes. Our conciliation procedure is open to all parties who are looking for a quick and cost-effective alternative to court proceedings. Out-of-court dispute resolution is particularly suitable for contractual disputes and conflicts in business life, both nationally and internationally.

A qualified electronic signature (QES) is the legally strongest form of digital signature and is legally equivalent to a handwritten signature.

It fulfills the following requirements:

  • Unambiguous assignment to the person of the signatory
  • Recognition of changes to the document after signing
  • Legal security in accordance with the EU eIDAS Regulation and the German Trust Services Act
  • Issued by qualified trust service providers (e.g. D-Trust, Bundesdruckerei)
Step-by-step instructions for correct submission:

1. create the application online and generate it as a PDF:

  1. Complete the form for the conciliation application online here
  2. Click on “Generate conciliation application as PDF”
  3. Save the PDF on your device

2. check before signing! (IMPORTANT)

Check the PDF carefully before signing:

  • Completeness of all details
  • Correct spelling of names and addresses
  • Correct dates and amounts
  • Comprehensible statement of facts and description of the claim(s) asserted
  • claim(s) asserted

3. PDF with qualified electronic signature:

The PDF MUST be provided with a qualified electronic signature!
Providers for qualified electronic signatures (selection):

5. final check after signing:

Check after signing:

  • The PDF shows a lock symbol or signature seal
  • The document is read-only (no longer editable)
  • The signature is displayed as valid
  • Signature details show your name and the certificate
Recognition features of a correctly signed PDF, e.g:
  • Blue signature bar at the top
  • Message “Signed and all signatures are valid”
  • Document status shows “Certified” or “Signed”

6. submission to CenaCom:

Send the signed PDF to us.

If you are unable to sign the PDF with a qualified signature, please print out the PDF, sign it and send it by fax to: 0721 18056059.

Avoid common mistakes: These signatures are NOT sufficient:

  • Simple electronic signature (e.g. DocuSign Standard)
  • Scanned handwritten signature
  • Digital stamps without a certificate
  • Adobe signature without qualified certificate

If you have any questions about the application process, please contact us by e-mail.

Legal notice: Only applications duly signed with a qualified electronic signature can lead to a suspension of the statute of limitations. Unsigned or incorrectly signed documents will not be processed.

A qualified electronic signature (QES) is the legally strongest form of digital signature and is legally equivalent to a handwritten signature.

It fulfills the following requirements:
a) Unambiguous assignment to the person of the signatory
b) Recognition of changes to the document after signing
c) Legal certainty in accordance with the EU eIDAS Regulation and the German Trust Services Act
d) Issued by qualified trust service providers (further information: https://www.elektronische-vertrauensdienste.de/EVD/DE/Nutzer/Infothek/Fragen/start.html)

You can sign a PDF electronically with Adobe Sign, for example.

Dispute resolution proceedings take place out of court and on a voluntary basis. The parties jointly seek a solution with the support of a neutral body. In court proceedings, a judge makes a binding decision. Dispute resolution is usually faster, more confidential and cheaper.

A state-recognized dispute resolution body is an officially registered institution that offers out-of-court dispute resolution procedures. The advantages are legal certainty, suspension of the statute of limitations and the possibility of reaching binding, enforceable agreements.

In principle, the language of the proceedings is German. However, the proceedings can also be conducted in English or French on request. CenaCom will suggest suitable mediators for this purpose.

In principle, CenaCom can be called upon in all cases of conflict in which one party asserts one or more claims against another party.

The receipt (date) of the dispute resolution application (formerly: conciliation application) is established and a case file is created. The applicant receives confirmation of receipt from the CenaCom office and an invoice for the application fee. Once CenaCom has received payment of the application fee, the application for dispute resolution is notified to the defendant(s). Upon notification, the defendant(s) will be requested to declare within a period set by CenaCom whether they wish to join the dispute resolution proceedings (formerly: conciliation proceedings). If the respondent refuses to join the conciliation proceedings, CenaCom will declare the proceedings to have failed. No further costs will be incurred.

It is not mandatory to enclose documents. However, if the facts of the case are complex, it is advisable to attach documents clarifying and explaining the facts to the application. The copies required for service on the defendant must be attached.

The application to initiate dispute resolution proceedings (formerly: conciliation proceedings) must set out the subject matter of the dispute. The other parties to the proceedings (mediator/arbitrator, defendant) must be able to recognize what is to be negotiated. If the limitation period of a claim is to be suspended (Section 204 (1) No. 4 BGB) or another legal consequence of the appeal to a dispute resolution body (formerly: conciliation office) is to be achieved, the procedure must be applied for in text form.

The application should contain the following information
a) Surnames and first names of the parties, summonable addresses and, if applicable, their authorized representatives, in the case of legal entities, designation of the legal form and, in the case of legally incapacitated persons or persons with limited legal capacity, designation of a legal representative – if known – with summonable addresses. Details of telephone and fax numbers and other means of communication (e-mail, Internet, etc.) are recommended.
b) A brief description of the subject matter of the dispute.

In the case of an application to initiate dispute resolution proceedings due to incorrect investment advice, the Federal Court of Justice specified the requirements for an effective dispute resolution application (formerly: conciliation application) as follows in its ruling of June 18, 2015:

  • the specific capital investment must be designated,
  • the subscription amount must be stated,
  • the (approximate) consultation period must be indicated,
  • the course of the consultation must be at least roughly outlined and
  • the objective of the proceedings must be described at least to the extent that the opposing party and the dispute resolution body are able to draw conclusions about the nature and scope of the claim being pursued.

To meet the deadline, it is sufficient to initiate the dispute resolution proceedings (formerly: conciliation proceedings) by fax. Sending the statement of claim without attachments by fax is sufficient. The original application and attachments must then be sent by post without delay. If there are several opposing parties, the required number of copies must be submitted to CenaCom by post in addition to the original.

The application to initiate dispute resolution proceedings (formerly: conciliation proceedings) can also be made via beA to the PO box address of CenaCom GmbH (SAFE-ID: DE.BRAK.4e0b0567-b096-4fb2-9d10-9fa84c583d75.a559).

CenaCom has nationwide jurisdiction. The activities of the dispute resolution office (formerly: conciliation office) are not limited to the district court of Karlsruhe. Further information on this can also be found on the website of the Baden-Württemberg Ministry of Justice.

The parties can appoint experts and involve them in the negotiations if all parties agree on the expert(s). In complex disputes, for example in construction matters, plant engineering or IT projects, it is advisable to involve experts. Where possible, CenaCom will appoint suitable mediators with specialist expertise for the dispute in question.

You can name witnesses and they can be heard at the hearing if all parties agree.

Dispute resolution proceedings (formerly: conciliation proceedings) can also be initiated and conducted if one or more parties to the proceedings are domiciled abroad. However, the following must be taken into account:

If a dispute or matter is to be negotiated that is not subject to German law, the applicable international law must be taken into account. This applies in particular to questions of limitation periods, the enforceability of a concluded agreement and the place of jurisdiction. In the case of out-of-court dispute resolution proceedings with an international dimension, competent legal advice should always be sought. CenaCom may not provide any information on this in specific individual cases due to its obligation of absolute neutrality.

The suspension of the limitation period ends six (6) months after the date on which CenaCom initiates the notification to the creditor of the debtor’s decision not to participate in the dispute resolution proceedings (formerly: conciliation proceedings). This requires an internal CenaCom process that corresponds to the date on the CenaCom certificate of no success.

The limitation period for the claim shall be suspended if the application to initiate out-of-court dispute resolution proceedings (formerly: conciliation proceedings) is notified to the defendant(s) shortly after receipt by CenaCom. The suspension of the limitation period shall then commence upon receipt of the dispute resolution application (formerly: conciliation application) by CenaCom. This applies even if the defendant or defendants do not agree to the dispute resolution procedure.

There is no limitation to a fixed number of defendants. All defendants against whom claims can be asserted can and should be named. In the case of extensive and complex proceedings, we often work in the form of shuttle mediation.

It is possible to enforce an agreement. This first requires an enforceable content. The agreement can be provided with an enforcement clause upon application to the Karlsruhe Local Court.

The proceedings before CenaCom are generally possible without the assistance of a lawyer. A key feature of out-of-court dispute resolution proceedings is that the disputing parties work independently to find a solution to their conflict.

However, we always point out that a party can only work out a solution to the conflict that makes sense for them if they are informed in advance of all positions and possible – legal – claims. Only then will an agreement between the parties be sustainable. It also makes sense for the agreement to be drawn up by legal representatives of the parties.

For the initiation of dispute resolution proceedings (formerly: conciliation proceedings), CenaCom, as a state-recognized dispute resolution body (formerly: conciliation office), charges an application fee starting at EUR 238.00 incl. VAT. This is due after receipt of the dispute resolution application (formerly: conciliation application) by CenaCom and before notification to the defendant(s). If the defendant(s) does/do not agree to the implementation of the initiated dispute resolution proceedings, the proceedings will be declared to have failed. No further costs will be incurred. There will be no conciliation hearing.

If the defendant(s) agrees to the dispute resolution procedure, the costs of the proceedings shall be calculated in accordance with Section 12 of the Rules of Procedure.

A common feature of out-of-court dispute resolution procedures is that a neutral third party (mediator, arbitrator) assists the disputing parties in resolving their conflict. This is essentially done by structuring the dispute resolution process and ensuring that the parties communicate with each other in a constructive manner.

The main difference between a mediation procedure and an arbitration procedure is that the arbitrator submits their own solution proposal for the conflict to the parties. However, the parties must request this by mutual agreement at the beginning or during the proceedings. The mediator, on the other hand, supports the parties in developing their own solution to the conflict.

Conciliation proceedings can take the form of both mediation and arbitration proceedings. If a party initiates conciliation proceedings before a state-recognized conciliation office by filing an application, either mediation or arbitration proceedings can be conducted.

Further information on the individual types of procedure can be found here.