Stufen einer Güteverhandlung

A practical guide for handling conciliatory hearings („Güteverhandlung“). The author describes civil law cases he has chaired and gained experience in as arbitrating judge. He presents several approaches with whose help the parties will be able to reach an amicable settlement effectively in keeping with the constitutional rights and the freedom of disposition of the parties as well as by acknowledging the different legal positions. This calls for the judge („Güterichter“) to look beyond the professional ceiling, employing ideas developed by other professional disciplines.

How is the idea of an amicable settlement to be introduced to the parties? How can he convince the parties to open themselves? How is the arbitrator to deal with an escalating conflict? Where are the limits?

The author proposes a structured phase model.

The book concludes with practical suggestions that can help resolve blockages, especially in deadlock conciliatory hearings, at last leading to the conflict being settled.