Craftsman services; request for the implementation of a mediation procedure.

In the event of disputes between craft enterprises and their customers, both parties to the dispute can make use of the mediation office set up at the Chamber of Crafts. This attempts to reach an out-of-court settlement.

Description

The chambers of skilled crafts have set up mediation offices and offer skilled crafts businesses and their clients a fast, informal and free-of-charge procedure for settling disputes out of court. The mediators working there are committed to impartiality.

Prerequisites

The prerequisite for carrying out the mediation procedure is that the crafts enterprise concerned is a member of the Chamber of Crafts and a direct contractual relationship exists between the crafts enterprise and the client.

Procedure

In order to conduct a mediation procedure, a written application for the conduct of a mediation procedure must be submitted to the Chamber of Skilled Crafts (by letter, fax or e-mail). A corresponding application form can be requested if necessary.

In view of the amicable agreement sought by the mediation procedure, it is advisable to describe the situation in the application as objectively as possible and to disclose all the essential circumstances of the situation. If possible, the applicant should also submit a proposal for a solution in the application.

If the Chamber of Skilled Crafts is responsible for the requested mediation procedure and if there are no other reasons for refusal against the execution of the procedure, the mediation office will forward a copy of the application to the respondent. The respondent is then requested to declare within a period of three weeks after receipt of the letter whether it is prepared to participate in the mediation procedure and, if necessary, to comment on the application within this period.

The mediation procedure will only be carried out if the defendant declares his willingness to participate in the mediation procedure.

If the request to participate in the mediation procedure remains unanswered, the Chamber of Skilled Crafts shall approach the respondent again.

If the respondent refuses to conduct a mediation procedure, the mediation office shall discontinue the procedure.

If the applicant and the respondent agree to conduct the proceedings, the mediation shall initially be conducted in writing. If no agreement can be reached in the written procedure, an oral appointment can be scheduled on the premises of the mediation office. If an oral appointment is arranged, the applicant and the respondent shall bear the costs incurred by them.

Since the mediation procedure is a voluntary procedure, both the claimant and the respondent may object to the continuation of the procedure at any time. If the dispute between the parties cannot be settled, the mediation proceedings shall be discontinued by the Chamber of Skilled Crafts.

The applicant and the respondent shall be informed of the discontinuation of the proceedings by the mediation office in writing.

Status: 28.01.2022

Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie

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