Services – Concilation

  • Advice on the development and implementation of contractual arrangements governing the design of conciliation proceedings
  • Conduct of conciliation proceedings by Prof. Stefan Leupertz and Dr. Paul Popescu
  • Advice to and representation of participants in conciliation proceedings by Dr. Paul Popescu as Counsel

Concilation

Conciliation is a common means of resolving disputes concerning the performance of construction and plant engineering contracts. Its aim is to help the parties reach an amicable settlement. The conciliator selected by the parties moderates the settlement efforts and may submit a settlement proposal. If settlement fails, the conciliator may also be asked to provide an expert assessment of the disputed issues. As a rule, however, the conciliator has no power to make binding decisions.

Conciliation is based on an agreement between the parties concerning the specific dispute, which usually also sets the procedural rules. Several German institutions have developed model clauses and procedural rules for this purpose, in particular:

Conciliation and Arbitration Rules for Construction Disputes (SOBau) of ARGE Baurecht within DAV

Construction Dispute Resolution Rules of the German Society for Construction Law (Deutsche Gesellschaft für Baurecht e.V.) (SL-Bau)

DIS Conciliation Rules 02 of the German Arbitration Institute (Deutsche Institution für Schiedsgerichtsbarkeit e.V. (DIS)