Preservation of Evidence

Objective Documentation of Facts in Compliance with Legal Requirements

The preservation of evidence procedure serves to objectively establish and document facts in a legally compliant manner. It is used when circumstances must be recorded independently and accurately, for example to secure evidence for later proceedings, to document the condition of an object, or to establish damage.

At CenaCom, a neutral third party guides the entire process, ensures independent documentation and supports communication between the parties involved.

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Who is Evidence Preservation Designed for?

The evidence preservation procedure is intended for companies, institutions, associations, chambers, public law corporations and administrative bodies that require neutral and legally compliant documentation.

Typical areas of application

  • Determining the condition of buildings or structural facilities
  • Documenting machinery, technical components or production systems
  • Reviewing and recording IT systems or processes
  • Objectively determining comparable factual circumstances

Your benefit: You receive independent and legally sound documentation that can serve as a basis for out-of-court solutions or later proceedings.

Secure innovation with legal certainty

Companies may deposit technical drafts, concepts, plans, engineering drawings, software code or other materials relevant under copyright or competition law with the CenaCom office.

Your benefit: The deposit documents the date of submission and serves as evidence in case of dispute, for example to enforce claims under copyright law or the German Act Against Unfair Competition. This protects your developments effectively against unauthorised use.

Our StrengthProcess of Evidence Preservation

1

Preparation and Coordination:

Clarification of the objective, scope and procedure by the neutral mediator in consultation with all parties.
2

Initial Contact and Clarification:

The neutral CenaCom mediator conducts initial discussions with the opposing party and clarifies the framework, objective and scope of the procedure.
3

Evidence Collection:

Inspections, assessments and further examinations are carried out in the presence of the mediator, who accompanies and documents the entire process neutrally.
4

Documentation and Completion:

A legally robust final record is prepared before the conciliation body.
5

Flexible Adaptation:

The procedure and its scope are tailored to the needs of all parties. Neutral facilitation avoids misunderstandings, supports clear communication and reduces time expenditure.
Evidence Preservation

Benefits for Companies and Institutions

No Strict Formal Requirements

No strict formal requirements as in the court-ordered independent evidence procedure (Sections 485 ff. ZPO).

Legally Valid and Enforceable

The documented findings can serve as an enforceable title pursuant to Section 794 (1) No. 1 ZPO.

No Mandatory Legal Representation

No court involvement, no requirement for legal counsel, and no obligation to provide prima facie evidence, even in cases with high amounts in dispute.

Professionally Facilitated

A neutral mediator guides all steps from evidence collection to documentation.

Location-Independent and Flexible

The procedure can be conducted independently of location and adapted to the needs of all parties.

Significant time and cost advantages compared to court proceedings.

Legal Basis & Common Questions

With over 20 years of experience and more than 8.000 completed procedures, CenaCom is one of Germany’s most experienced dispute resolution bodies. Our procedures ensure legally binding and enforceable outcomes.

Legal Basis

Quote: “Settlements concluded before a German conciliation body, as well as documents recorded by such a body, may constitute a basis for enforcement.”

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Quote from Section 485 (1) ZPO: “Upon application, the court may order the taking of evidence regarding the condition of a person or object or the cause of personal injury or property damage.”

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Defines the role and duties of mediators, including independence, neutrality, and confidentiality.

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A state-approved institution authorised by the justice administrations of the federal states to conduct dispute resolution procedures. Settlements reached there are legally binding and enforceable.

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All employees have received data protection training and are bound by confidentiality and data secrecy obligations.

All internal processes have been reviewed by an external data protection officer to ensure compliance with German and European data protection regulations. Recommended measures were implemented immediately.

As part of the review of our IT security concept, all technical systems were also assessed for data protection and data security. Compliance with Article 32 GDPR was confirmed, including adequate protection against unauthorised access and accidental data loss.

FAQ – Evidence Preservation

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.

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

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.

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.

PracticeWho Is Evidence Preservation For?

The evidence preservation procedure is designed for companies, institutions, associations, chambers, public-law corporations, and administrative bodies that require legally compliant and neutral documentation. Typical applications include:

  • Determining the condition of buildings or structural facilities
  • Documenting machines, technical components, or production systems
  • Reviewing and recording IT systems or processes
  • Objectively establishing comparable facts

Your benefit: You receive independent and legally reliable documentation that can serve as a basis for out-of-court solutions or later proceedings.

Zwei Männer stehen zwischen hohen, modernen Glasgebäuden und blicken nach oben.

Safeguarding Innovation with Legal Certainty

Companies may deposit technical drafts, concepts, plans, design drawings, software code, or other materials relevant to copyright or competition law with the CenaCom office.
Your benefit: The deposit documents the exact date of submission and serves as evidence in case of a dispute, for example to assert rights under copyright law or the Act Against Unfair Competition. This ensures effective protection of your developments against unauthorised use.
Request Evidence Preservation