Notary/notary - arbitration

Arbitration & mediation

Whether divorce agreements, settlement or notarial placement according to the Consciation of Passion law: The involvement of the notary not only helps to avoid future disputes, but also to get a dispute out of the world again.

We notaries work as the carrier of a public office in the entire area of precautionary legal care. Thanks to our supervising and advisory function, we help to avoid arguments from the outset or to build up the dispute by means of a mutually acceptable solution. But also where there is no agreement, we can decide notaries due to our independent and impartial position and our specialist knowledge as a referee. By involving a notary, long and costly disputes are avoided in court.

In the event of contracts, disputes among the various parties of a contract are often not even involved because notaries as professional consultants are involved from the outset - in the advice, the creation of designs, the actual contract (certification) and the processing (implementation). In all of these phases, unlike the lawyer, we are committed to the interests of both parties.

Due to our legal position as an independent and impartial supervisor of the parties, we pay attention to a fair compensation for interests of all contracting parties. The statutory clarification, examination and teaching obligations as well as the prescribed formalities according to the Course Act contribute to the fact that open questions and problems are clarified in advance and in connection with the conclusion of the contract. The notarial certificate is clearly, undoubtedly and without open points. As a public certificate, she provides the full proof of the certified process, as an enforcement title she saves the walk to the court.

Four advantages of notarial arbitration sting:

Arbitration is more than a legal proceedings: those involved themselves determine the result. There are no winners or losers.
The initiation of an arbitration procedure interrupts the limitation period - this means gaining time for negotiations.
The arbitration agreement can be enforced immediately - as from a court ruling.
Includes in front of an independent position such as the notary are usually faster, unbureaucratic and cheaper than a court ruling.
State law can be prescribed that you must have tried an attempt at a notary or other quality point in certain disputes before you can file a lawsuit at the district court. As the first Bavaria and North Rhine-Westphalia, made use of this possibility.

But even in all other disputes, an arbitration procedure, a so -called mediation, can be carried out at any time. The notary is impartial to find a solution that is sustainable for both sides. If the participants want this, he formulates the agreement in a legally clear manner and takes care of their practical enforcement. In this way, the success of arbitration is also secured in legal and economic terms.

In order to provide the simple notary and the arbitration parties a guide for the formal expiry of an arbitration procedure, the Federal Chamber of Notaries has decided on a quality order.