Anmerkungen zu Zivilverfahren, Mediation und Schiedsverfahren

Prof. Dr. Bernhard Hohlbein (Leuphana Universität Lüneburg, Law School; Für wertvolle Anregungen, Hilfe bei der Recherche und der Manuskriptdurchsicht bin ich Frau Nina Bölke, LL. B, dankbar.) |

Some comments on civil litigation, mediation, and arbitration

Executive Summary
1. According to the Federal Statistical Office of Germany, the number of incoming cases brought before the civil courts of first instances has fallen by about 46% in the last 20 years, from 1,867,281 (2000) to 1,001,693 (2022). Civil proceedings are often perceived as being overly complex, lengthy, and expensive.

2. On the other hand, Alternative Dispute Resolution (ADR) has gained popularity in recent years. The arguments in favour of ADR are that it is fast, often inexpensive, and self-determined. These arguments are countered – especially in the case of arbitration – with the assertions that ADR is not transparent, that it lacks legal certainty, and that it paves the way towards the privatisation