Craftsman services; application for the implementation of a mediation procedure

In the event of disputes between skilled crafts businesses and their clients, both parties to the dispute can make use of the mediation office set up by the Chamber of Skilled Crafts. This attempts to reach an out-of-court settlement.

Description

Prerequisites

In order for the mediation procedure to be carried out, the skilled crafts business concerned must be a member of the Chamber of Skilled Crafts and there must be a direct contractual relationship between the skilled crafts business and the client.

Procedure

In order to carry out a mediation procedure, a written application for 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 in the mediation procedure, it is advisable to describe the situation in the application as objectively as possible and to disclose all essential circumstances of the situation. If possible, the applicant should also submit a proposed solution in the application.

If the Chamber of Skilled Crafts is responsible for the requested mediation procedure and there are no other grounds for refusing to conduct 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 willing to participate in the mediation procedure and, if applicable, to comment on the application within this period.

The mediation procedure will only be carried out if the defendant agrees to carry out the mediation procedure.

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

If the respondent refuses to carry out a mediation procedure, the mediation body will terminate the procedure.

If the applicant and the respondent agree to conduct the proceedings, mediation will initially take place in writing. If no agreement is reached in the written procedure, an oral hearing can be arranged at the premises of the mediation office. If an oral hearing is arranged, the claimant and defendant must bear the costs incurred.

As the mediation procedure is a voluntary procedure, both the claimant and the defendant may object to the proceedings being conducted or continued at any time. If the dispute between the parties cannot be resolved, the mediation procedure will be discontinued by the Chamber of Skilled Crafts.

The claimant and defendant will be informed of the discontinuation of the procedure by the mediation body in writing.

Status:17.01.2024

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

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