Results
Title

Status of a mediated settlement agreement from a German law perspective.

Authors

Wollstädter, Judith

Abstract

Status of a mediated settlement agreement from a German law perspective: Phase 5 of a mediation process aims at the participants' reaching an agreement that is complete, fair, feasible and enforceable. Its legal nature is primarily dependent on the wishes of the parties. It can comprise legally non-binding statements, agreements on the parameters of future contracts, and even legally binding declarations of intent concerning contested claims. It can be considered a settlement contract if it contractually settles a conflict between parties, or contractually determines an uncertain legal relationship by dint of mutual relenting. Depending on the circumstances, it may also be classified as a precontract, a procedural agreement, a contract of remission, or a contract sui generis. German law does not provide a special order of enforcement for mediation settlements. Though such an order (section 796d ZPO) was part of one of the drafts for the German Mediation Act and its accompanying changes of the law, it was abandoned during the legislative procedure. An agreement can be enforced based on: a settlement in court, an arbitral settlement, a lawyers' settlement, a recorded instrument, or an arbitral verdict.

Subjects

LEGAL settlement; MEDIATION; PARLIAMENTARY practice; ARBITRATORS; CONTRACTS; LAWYERS

Publication

Nederlands-Vlaams Tijdschrift voor Mediation en Conflictmanagement, 2020, Vol 24, Issue 4, pN.PAG

ISSN

2213-8919

Publication type

Academic Journal

DOI

10.5553/TMD/138638782020024004007