Arbitration proceedings

According to Article 1 of the Bayerisches Schlichtungsgesetz, mandatory dispute mediation is required, except for the disputes mentioned in § 15a II EGZPO, for the following disputes:

• Claims based on the impacts on neighboring properties regulated in § 906 BGB, provided they do not stem from a commercial operation,
• Overgrowth according to § 910 BGB,
• Falling branches according to § 911 BGB,
• Claims related to a boundary tree according to § 923 BGB,
• Neighboring rights according to Articles 43 to 54 AGBGB, provided there are no impacts from a commercial operation,
• Claims for the violation of personal honor, insofar as these are not caused by the press or broadcasting,
• Claims under Section 3 of the General Equal Treatment Act (§§ 19-21 AGG). These include claims for removal, injunction, or compensation in connection with unlawful discrimination based on race or ethnic origin, gender, religion, disability, age, or sexual identity in the establishment, implementation, and termination of civil law obligations.

An attempt at mediation is required before filing a lawsuit if both parties reside within the same regional court district.

Mandatory dispute mediation is carried out by so-called mediation offices.

The following entities can be approached for mandatory mediation:

- Notaries

- Lawyers who have committed themselves to the bar association to offer mediation permanently

- Other mediation offices established and recognized by the President of the Higher Regional Court of Munich

The applicant has free choice among the mediation offices within their regional court district. However, if there are mediation offices in the district court area of the respondent, the choice is limited to these. Practically, this means that a mediation office in the respondent's district court area must usually be chosen.