Güterichterverfahren; information on the implementation
As a party to a civil or family law dispute, as an alternative to a contentious court hearing, you are offered the opportunity to find a voluntary conflict resolution oriented to the interests of all parties under the guidance of specially trained judges.
Description
At the Bavarian courts, so-called "Güterichterverfahren" are offered in civil and family cases. This means that the court can refer the parties in appropriate legal disputes to a so-called "Güterichter," who is not the judge deciding the dispute. The Güterrichter can use all methods of conflict resolution, including mediation, to find an amicable solution to the legal dispute. If an agreement is reached in the hearing before the judge, a court settlement is usually recorded, thus concluding the proceedings. If an agreement fails, the case file is returned to the competent dispute judge without the latter being informed of the contents of the hearing before the judge. The proceedings then continue as normal.
The Güterichter procedure enables you to settle a dispute at an early stage of the proceedings. This allows you to avoid time-consuming and expensive taking of evidence and possibly further procedural instances or even further lawsuits - for example, if a neighbor or business partner is on the other side. But even at a later stage of the proceedings, the Güterichter procedure can lead to a solution that is in the interests of all parties.
You will not incur any additional court costs. Since the appointment of the Güterichter hearing usually takes place promptly, there is usually no significant loss of time even if an agreement fails.
Links to more information
Status:18.07.2023
Responsible for editing:Bayerisches Staatsministerium der Justiz
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