State-Approved Conciliation ProcedureYour Fast and Legally Secure Path to Resolution

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):

• Adobe Sign (with qualified certificates):
• D-Trust: https://www.d-trust.net/
• Bundesdruckerei: https://www.bundesdruckerei.de/
• DATEV: https://www.datev.de
• Governikus: https://www.governikus.de/

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.

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.

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.

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.

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.