Initial situation: Court costs will increase from June 1, 2025 The Cost and Guardianship Fees Amendment Act 2025 (KostBRÄG 2025) will increase court fees under the GKG, FamGKG and GNotKG by around 6 to 9 % as of June 1, 2025. For companies and their advisors, this means that civil proceedings will immediately become more expensive, while additional cost risks due to lawyers’, experts’ and witness fees will remain high.
Alternative: Conciliation proceedings before a state-recognized dispute resolution body (Section 204 (1) No. 4 BGB)
CenaCom GmbH has been officially recognized as a conciliation/dispute resolution body since 2010 – the agreement recorded there is enforceable (Section 794 (1) No. 1 ZPO) and suspends the statute of limitations (Sections 203 et seq. BGB). Key benefits:
- Cost control: fixed application and negotiation fees.
- Saving time: one appointment is often enough because the parties negotiate from the outset with a focus on solutions rather than positions.
- Legal certainty: recorded settlements are immediately enforceable.
- Confidentiality: non-public procedure, no “precedents”.
- Ongoing business relationships: mediative elements protect the relationship between the parties.
Concrete cost comparisons
Value in dispute: 110,000 euros
Court costs*: 3,594 euros
CenaCom**: 3,672.50 euros
Amount in dispute: 1,000,000 euros
Court costs: 18,714 euros
CenaCom: 9,293 euros
Value in dispute: 10,000,000
Court costs: 132,114 euros
CenaCom: 56,543 euros
* Factor 3.0
** Application fee, negotiation fee & settlement fee
Notes
- Amounts are net (plus VAT).
- Court settlement or appeal fees, cost risk of the opposing lawyer’s fees and expenses are not included – the real litigation risk is significantly higher.
- In conciliation proceedings, each party bears its own legal costs; costs are only reimbursed if expressly agreed.
Practical added value for law firms and companies
Aspect 1: Suspension of the statute of limitations
Court proceedings: Suspension only from service of the action
Conciliation proceedings: From the filing of the application until six months after the end of the proceedings
Aspect 2: Duration
Court proceedings: Several months to years
Conciliation proceedings: Regularly 4-8 weeks until the hearing
Aspect 3: Flexibility
Court proceedings: Formal deadlines and procedural rules
Conciliation proceedings: Place, language, length of hearing can be freely agreed
Aspect 4: Publicity risk
Court proceedings: Public hearings / possible reporting
Conciliation proceedings: No publicity
Aspect 5: Sustainability
Court proceedings: Winner/loser logic burdens relationship
Conciliation proceedings: Focus on continuation of the business relationship
Recommendations for action
- Check the costs clause – include a conciliation clause in the general terms and conditions or sample contracts (“preliminary stage” before legal action/arbitration proceedings).
- Early involvement – suggest an application for conciliation to your client if there is a risk of escalation: low advance costs, immediate suspension of the limitation period.
- Budget planning – calculate internally with the fixed CenaCom fees; additional costs only arise for additional meeting days (300 €/h to 500 €/h, depending on the value in dispute).
- Secure enforcement of the settlement – have the agreement recorded; you can obtain the enforceable copy from Karlsruhe District Court
Conclusion
Court proceedings are becoming measurably more expensive – and they remain slow, public and risky. Even for small amounts in dispute, conciliation proceedings can significantly undercut the pure court costs. If you want to make a pragmatic, cost- and reputation-conscious decision, the first step in future will be to file a conciliation application with CenaCom GmbH.
Questions?
Our team will be happy to support you in deciding on the implementation of conciliation proceedings or the development of suitable dispute resolution clauses. Talk to us – we look forward to the dialog!
