Our glossary informs you about the most important issues on alternative dispute resolution. You will find informative explanations of important keywords an notes on the subject of online conciliation, dispute resolution & co ..
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Alternative Dispute Resolution refers to alternative methods for out-of-court dispute resolution. On European levelthe ADR Directive has been enacted which aims to establish an online arbitration procedure for consumers. The directive has been implemented in most member states and has been supplemented by other European regulations.
A proceeding for out-of-court dispute resolution begins with an application, just like a ligitation before a state court. In the case of janoFair online conciliation only the customer of the shop is entitled to claim, ie. only the customer or buyer, can trigger the execution of the online conciliation procedure.
If the parties adopt the proposal for conciliation, they conclude a agreement. This comparison is a contract which bound the parties directly by private law. The content of the contract corresponds to the conciliation proposal.
A conciliation procedure is conducted by a conciliator. The conciliator must ensure a neutral and impartial procedure. He evaluates the facts submitted by the parties and at the end of the procedure, he draw up a proposal for conciliation which the parties could accept to resolve the dispute. This proposal is based on the current legal situation as assessed by the conciliator and is usually submitted to the parties in written form.
In order to terminate the online conciliation, the conciliator draws up a proposal for conciliation on the basis of the facts and the current legal situation. The parties may accept this proposal and terminate the conciliation procedure by mutual agreement. For this purpose, the conciliator shall submit his proposal in written form and shall give the parties a reasonable period for acceptance.
Consumers are any natural person who enters into a legal transaction for purposes which can not be attributed primarily to their commercial or self-employed occupation.
Legal basis: § 13 German Civil Code (BGB)
Enforcement is the foreclosure of a creditor's legal claim against a debtor. In doing so the creditor makes use of the state's authority and orders the state enforcement bodies to claim his entitlement. In case where debtor´s goods are seized, the bailiff is given an order by the creditor. If claims or rights are to be confiscated the enforcement court is the competent enforcement body.
Entrepreneur is a natural or legal person or a legal person who is acting in the exercise of his commercial or independent professional activity when a legal transaction is concluded.
Legal basis: § 14 German Civil Code BGB
In a mediation procedure, the independent and impartial mediator supports the participants on their way to a consensual and independent dispute resolution. The mediator does not submit a proposal to settle the dispute.
The Ombudsmann (male) or the Ombudsfrau (female) is a neutral arbitrator, who is installed as a complainant of associations and institutions in many areas in the private economy. He has the task to settle a dispute arising between an entrepreneur and his client by mutual agreement in a consensual manner. The procedures are free of charge for consumers and, as a rule, up to a certain dispute amount, binding for the entrepreneur.
ZPO stands for Code of Civil Procedure. This is the regulation which determines the procedure before a public court and contains the rules for a civil procedure. In addition to the jurisdiction of the courts, this regulation set out also the basic procedural principles of law which ensure a fair and impartial process.