Abstract

S. 278 (1) of the German Code of Civil Procedure states, that "in all circumstances of the proceedings, the court is to act in the interests of arriving at an amicable resolution of the legal dispute or of the individual points at issue." Against this background, this article outlines different methods of how mediation in Germany can be pursued. It mainly considers the options of the parties to benefit from the expertise and experience of a judge while still aiming for an amicable solution. Therefore, this article argues that in-court mediation facilitates an effective and flexible way ...