State-Approved Conciliation Service (Gütestelle)

Out-of-Court Negotiation and Structured Pathways to Agreement

CenaCom is a state-approved conciliation service within the meaning of Section 204 (1) No. 4 of the German Civil Code (BGB). We support parties in achieving consensual out-of-court dispute resolution through a legally recognised procedure.

Drei Geschäftsleute in einer Mediation an einem runden Tisch, aus der Vogelperspektive fotografiert.

Conciliation ProcedureEffective dispute resolution tailored to your interests

The conciliation procedure offers parties the opportunity to resolve conflicts by mutual agreement. You will be supported by experienced CenaCom conciliators. These negotiation professionals are independent and neutral and guide the parties through a confidential and structured procedure aimed at voluntary and responsible conflict resolution.

If the parties wish, the conciliator may also submit a non-binding settlement proposal. Any resulting agreement can be binding and enforceable without court proceedings.

Over
8.000
procedures
conducted

Nationwide competence

CenaCom is authorized to act nationwide. This applies even if the parties’ agreed or statutory venue lies in federal states where no comparable conciliation bodies exist (“general regional competence”, BGHZ 123, 337, 341).

Transparent costs

We offer one of the most cost-effective services in this field, with transparent fees starting at EUR 238 (incl. VAT), depending on the value in dispute. In justified cases, the fee may be reduced at CenaCom’s discretion.
This fee covers the entire procedure up to the issuance of the certificate of non-resolution, provided no hearing takes place. If the respondent does not agree to participate in the conciliation procedure, no hearing is scheduled.

Professional conduct

CenaCom’s conciliators work efficiently and professionally, maintain confidentiality, and act with cost awareness. They have extensive experience and sector-specific knowledge. CenaCom also designs and supports conflict management systems within organizations. Collaboration with academic institutions ensures that our practical expertise continues to grow.

Benefits of the Conciliation Procedure

The conciliation request and the facts presented must be clearly defined (the subject matter of the dispute must be identifiable based on the facts submitted and the claims asserted).

Parties Are Free to Decide

The parties are free to define the hearing venue, the schedule, the composition of the panel (conciliators or mediators) and the subject of the negotiation.

Initiation of the Conciliation Procedure

The conciliation procedure can be initiated easily. Detailed guidance on filing an online conciliation request and on the suspension of limitation periods can be found in our article:
“Apply for conciliation online: how to suspend limitation periods securely and digitally.“

Suspension of Limitation Periods

The suspension of limitation periods begins upon submission of the conciliation request. It ends six (6) months after the conciliation procedure has concluded.

Consent of the Other Party Not Required

The respondent’s consent is not required to file a conciliation request. A request to initiate the conciliation procedure can be submitted unilaterally.

Evidence Can Be Submitted Later

There is no requirement to submit evidence such as documents when filing the request. Evidence may be submitted later if necessary.

High Success Rate (approx. 85–90%) in Negotiated Cases

How the Conciliation Procedure Works

The conciliation procedure can be initiated by fax even on the final day before a claim becomes time-barred. Filing the request is straightforward: a brief description of the claim and a short explanation are sufficient. There is no requirement to submit evidence.

The limitation period is suspended pursuant to Section 204 (1) No. 4 of the German Civil Code (BGB), even if the respondent does not agree to participate in the procedure. CenaCom is competent throughout Germany.

How the Conciliation Procedure Works. Diagram of all Steps.

Frequently Asked Questions

With more than 20 years of experience and over 8.000 completed procedures, CenaCom is among Germany’s most experienced conciliation bodies. Our procedures provide legally secure and enforceable results.

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.

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.

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.

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.

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.

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.