Arbitration
An excellent alternative
Meike BeckerAttorney at Law
Attorney specialized in construction and architectural law
I have been a lawyer for over 20 years and have been working in construction and architectural law for just as long.
Courts do not do justice to the complex challenges in construction. The courts are also unable to bring about rapid settlements of disputes. This leads to delays in construction and reduces liquidity. Courts are the wrong place to reflect the interests of those involved in construction and to resolve disputes quickly and effectively. What is needed is an out-of-court alternative for dispute resolution with the expertise of construction lawyers who have been working in this field for years.
Procedure
The arbitration is conducted according to an orderly procedure in accordance with the SOBau (Schlichtungs- und Schiedsordnung für Baustreitigkeiten der ARGE Bau- und Immobilienrecht im Dt. Anwaltsverein).
Inclusion in the list of arbitrators
Based on this experience, I trained as an arbitrator for construction disputes. This was only possible because I have been a specialist lawyer for construction and architectural law since 2006 and was therefore allowed to undertake this additional training and be included in the list of arbitrators.
Mediator
You can request me as a mediator and also suggest me to the other side with whom there is a conflict. I do not work for one side, as a lawyer does, but take on the role of moderator and mediator, whereby I receive all relevant information from the parties involved in the conflict in advance – I am therefore informed about the conflict in advance.
Conciliation is organised in phases:
- Opening: Creation of the framework conditions with conciliation agreement
- Topic clarification: what should be discussed
- Clarification of interests as the centrepiece of mediation
- Search for a solution with the involvement of the conciliator
- Agreement, if necessary settlement proposal by the conciliator
The principles behind it are:
- Voluntariness
- Personal responsibility for your solution
- transparency
- Confidentiality and discretion
Enforceable content
As there is usually still a lawyer behind the parties, an enforceable content can be created with a lawyer’s settlement. The agreement on enforceability can also be notarised if the parties are not represented by a lawyer.
Contact
Do you have any questions about our legal services or would you like to make an appointment?
If you are unable or unwilling to attend a personal client meeting in our office, we will be happy to offer you a telephone appointment/teleconference. Documents can be securely sent to us electronically. Simply give us a call.