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Alternatives to arbitration

The principal out-of-court alternatives to arbitration are to commission an expert opinion or to enter into mediation:

  • If the dispute between the parties is only concerned with establishing actual facts, the commissioning of an expert opinion recommends itself as a solution. In this way, the parties obtain a binding clarification of the matter in dispute, which may generally also not be contested later before a court.
  • In mediation, the parties themselves – unlike in arbitration proceedings – work on a solution to their conflict on their own responsibility. In doing so, they are assisted by a mediator, who acts as a neutral third party. But the power to decide rests solely with the concerned parties. In contrast to the arbitrator, the mediator thus has no enforcement or decision-making powers.