Arbitration office

Source: BUS Rheinland-Pfalz

Especially in everyday disputes with neighbors or acquaintances, the atmosphere can quickly become so tense that the parties involved can no longer talk things out in peace. Relationships that have been good up to that point are too good to be jeopardized in a legal dispute because the hedge on the neighbouring property has grown too high, your car was damaged when you parked it or the tradesman next door did a poor job on the repair job. This is precisely where arbitrators can help to settle disputes and preserve neighborly, family and friendly relations.

Since 01.12.2008, the State Arbitration Act has stipulated that an attempt at conciliation must be made before an arbitrator or other conciliation body before legal proceedings are initiated for certain disputes involving neighbors and defamation.

The attempt at conciliation is also a prerequisite for bringing a private action.

Although criminal prosecution is the responsibility of the state, some offenses must be referred to an arbitrator before you can go to court, namely the so-called private prosecution offenses

trespassing,
insult,
violation of the secrecy of correspondence,
assault and battery,
threats,
damage to property or
committing the aforementioned offenses while intoxicated.

If such criminal offenses are considered, the public prosecutor's office will only bring charges if it believes there is a public interest in prosecution. If it does not see such a public interest, you will be referred to private prosecution. This means that if you want the perpetrator to be punished, you must file a complaint with the criminal court yourself.

However, you can only file such a private action if you have previously tried to reconcile with the other parties involved out of court.

Special information for Association Langenlonsheim-Stromberg

Service

descriptionCourts are

very

often called upon to settle disputes in minor matters without the parties to the dispute having previously attempted to settle the dispute. In many cases, the outcome of such proceedings is not only the right that has been won, but also a failed neighborly relationship, for example,

in which case the arbitration rules of the state of Rhineland-Palatinate offer the possibility of out-of-court dispute resolution by an arbitrator. The parties in dispute can submit an application for arbitration to the locally competent arbitrator, describing the facts of the dispute and formulating the request for arbitration

, and the parties are summoned to the arbitration hearing by the arbitrator and must appear in person. An unexcused absence from the arbitration hearing may be punished with a fine. The arbitrator conducts the hearing with the aim of reaching an amicable settlement with mutual concessions from the parties, and

through their willingness to listen to the parties and respond to their arguments, arbitrators create the conditions for the parties to reach an agreement and restore social peace. If an agreement cannot be reached or the other party to the dispute does not appear at the scheduled mediation meeting, there is still the option of taking the matter to court.

there is an arbitrator in every association municipality, association-free municipality and in every district town and district-free town. They are appointed for a term of 5 years by the director of the local court on the recommendation of the municipal or city council. This honorary office is entrusted to persons who are regularly over 30 years of age and whose personality makes them particularly qualified to settle disputes.

arbitrators conduct arbitration proceedings in criminal and civil matters. For disputes in the area of criminal law, an arbitrator must be consulted before going to court in the following private prosecution cases:

Trespassing(§ 123 StGB)
Insult(§ 185 StGB)
Violation of the secrecy of correspondence(§ 202 StGB)
Assault(§ 223 StGB, § 229 StGB)
Threat(§ 241 StGB)
Damage to property (§ 303 StGB)

The same applies to an offense under § 323a StGB if the act committed while intoxicated in the aforementioned cases is an oversight.

In these cases, the public prosecutor only brings charges if he or she is satisfied that there is a public interest in prosecution. With the entry into force of the State Arbitration Act on December 1, 2008, an arbitrator must be consulted before going to court in the following disputes:

in the event of exposure to gases, vapors, odors, smoke, soot, etc., unless the exposure is caused by a commercial operation
in the event of overgrowth(§ 910 BGB) or encroachment(§ 911 BGB)
due to a boundary tree(§ 923 BGB)
due to the neighboring rights regulated in the State Neighboring Rights Act, provided it is not an impact from a commercial operation
in disputes concerning claims for violations of personal honor that have not been committed in the press or on the radio.

A fee of 10 euros is charged for the conciliation proceedings. If a settlement is reached, the fee is doubled. In view of the scope or difficulty of the matter, the fee may be increased to a maximum of 40 euros, taking into account the financial circumstances of the person liable to pay.

See also:

Who should I contact?

Municipal administration
Municipal administration
Municipal administration

What

fees do

I have to pay?

10 - 40 EUR

Legal

basisLegal basisLandesschlichtungsgesetz

The proceedings are initiated by an application, which should contain the names, occupation, marital status, date of birth and address of both parties as well as a brief description of the dispute. You can send the signed application to the arbitrator in writing or make an oral statement to the arbitrator "for the record".

The arbitrator will then set a date to which the parties to the dispute will be summoned. Before the appointment, you should consider what is important to you and whether and to what extent you are willing to compromise, taking into account the situation of the other party.

At the hearing, both parties have the time and opportunity to present their views in peace and - unlike in court proceedings - without publicity.

The arbitrator will try to reduce existing tensions and bring about an agreement. If this is successful, the settlement reached will be recorded in minutes, which must be signed by the arbitrator and the parties. If necessary, such a settlement can also be enforced.

If an agreement cannot be reached or if the other party to the dispute does not appear at the hearing, you still have the option of appealing to the court.

The arbitrator of the district in which the defendant lives is responsible. There is an arbitrator in every association municipality, every independent municipality, every district town and every independent town.

If you do not live in the same district, the court responsible for the private lawsuit may allow you to refrain from conducting an attempt at conciliation. The court may also allow a person representing you to attend if you cannot reasonably be expected to make the journey.

Information on addresses and consultation hours can also be obtained from the municipal administrations, the local courts or the police stations. It may be advisable to consult a lawyer on legal issues

In the event of disputes about claims due to

effects such as the effects of gases, vapors, odors, smoke, soot, heat, noise, vibrations from another property), unless the effects are from a commercial operation,
overgrowth,
encroachment,
a boundary tree,
the neighboring rights regulated in the State Neighboring Rights Act (e.g. erection of a neighboring or boundary wall, attachment of chimneys, ventilation shafts or antenna systems), provided that these are not impacts from a commercial operation and
for violations of personal honor that were not committed in the press or on the radio,

an attempt at conciliation is only dispensable if not all parties have their place of residence, registered office or a branch in Rhineland-Palatinate in the same or neighboring regional court districts when the conciliation proceedings are initiated.

In principle, however, an attempt at conciliation before an arbitrator is reasonable and possible in all civil disputes. The arbitrator may or should only not become involved if the dispute is not a property dispute (e.g. divorce, paternity disputes, custody and contact disputes), if the amount involved in a property dispute is more than 5,000 euros or in cases that are particularly difficult in fact or in law (e.g. disputes about statutory maintenance obligations).

Arbitration proceedings are excluded, for example, in the following cases

Divorces,
Paternity disputes,
contact and custody disputes,
from a value in dispute of 5,000 euros.

The costs of the proceedings are not high: the fee for a conciliation hearing is 10 euros and doubles if a settlement is reached. In special circumstances, the fee can be increased to up to 40 euros.

In special cases, the arbitrator can also reduce the fees or waive the charging of costs.

Expenses, e.g. the arbitrator's postage costs, may also be incurred.

In principle, the party who initiated the arbitrator's work, i.e. who requested the arbitration proceedings, must bear the costs. If the parties reach a settlement, they will usually also reach an agreement regarding the costs of the arbitration proceedings.

The nearest responsible office to you:

Verbandsgemeinde Langenlonsheim-Stromberg - Fachbereich 1 - Organisation

Address

Naheweinstraße 80
55450 Langenlonsheim

Contact

Telephone

06704 929-0

Fax

06704 929-45

Email

Get in touch

Opening hours

Monday - Friday
8.00 a.m. - 12.00 p.m.
and Thursdays additionally 2.00 p.m. - 6.00 p.m.

Remark:

This department is primarily responsible for internal operations. However, it also performs numerous tasks with an external impact. The office management is responsible for the central control of business processes within the administration. The following service tasks are performed for the other departments in the administration: Human resources, internal organization, general legal matters, public relations, IT management and Internet, materials procurement and archiving. In addition, the local municipal councils and the association municipal council and their committees are provided with specialist support and the local mayors are supported in their administrative activities.

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Arbitration office

fees do

basisLegal basisLandesschlichtungsgesetz

The nearest responsible office to you:

Verbandsgemeinde Langenlonsheim-Stromberg - Fachbereich 1 - Organisation

Address

Contact

Telephone

Fax

Email

Opening hours

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Arbitration office

fees do

basisLegal basisLandesschlichtungsgesetz

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Who should I contact?

Requirements

What are the fees?

What deadlines do I have to pay attention to?

Processing duration

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Appeal

The nearest responsible office to you:

Verbandsgemeinde Langenlonsheim-Stromberg - Fachbereich 1 - Organisation

Verbandsgemeinde Langenlonsheim-Stromberg - Fachbereich 1 - Organisation

Address

Contact

Telephone

Fax

Email

Opening hours

Remark:

Adressdatenbank deutschlandweite Orts- und Gerichtssuche