Alternative Dispute Resolution (ADR) – resolving conflicts economically, confidentially and without lengthy court proceedings
Sachverständigenkanzlei Wolczik | Berlin
Why go to court when an agreement is possible?
A legal dispute costs more than money. It takes time, ties up resources, strains personal relationships and can threaten business livelihoods.
When seeking to resolve a conflict, many people first think of a lawyer and court proceedings. Yet not every dispute must necessarily end up before a court. Particularly in economic disputes, the costs of litigation, the duration of proceedings and the associated risks may be disproportionate to the actual matter in dispute.
What many people do not know: there is another way.
Alternative dispute resolution – internationally referred to as Alternative Dispute Resolution (ADR) – offers the opportunity to resolve conflicts professionally before they develop into costly litigation.
The Private Conciliation & Settlement Office of Sachverständigenkanzlei Wolczik in Berlin supports private individuals, companies and other parties in examining disputes objectively, bringing conflicting interests together and developing sustainable agreements.
Our approach is as simple as it is effective:
The dispute should not be the focus. Its resolution should be.
Out-of-court resolution instead of years of litigation – what are the advantages of ADR?
Court proceedings follow fixed statutory procedures. The final decision lies with the court. The parties bear the associated cost and litigation risks.
In an out-of-court conciliation or settlement procedure, by contrast, the parties retain considerably more influence over both the process and the outcome.
Reducing costs and limiting financial risks
Court fees and legal costs can become substantial, particularly in disputes involving higher amounts. Additional expenses and further economic burdens may also arise.
An out-of-court procedure can help to avoid or significantly reduce these costs.
The remuneration of our conciliation office is agreed transparently before the procedure begins. This provides the parties with a more reliable basis for cost planning.
Saving time instead of waiting for court dates
Court disputes can continue for months or years, particularly where several instances are involved.
Out-of-court procedures can often be organised more flexibly. Appointments, the scope of negotiations and the design of the procedure can be adapted to the needs of the parties.
An early agreement can prevent a manageable conflict from developing into a prolonged dispute.
Confidentiality instead of public confrontation
Companies, self-employed professionals, creatives and business partners in particular often have a legitimate interest in keeping economic and personal disputes out of the public sphere.
Private conciliation procedures allow sensitive information to be treated confidentially within the framework of the agreed and statutory confidentiality requirements.
Trade secrets, contractual terms and personal matters can therefore be discussed within a protected procedural framework.
Deciding for yourselves instead of having a decision imposed
In court proceedings, the court generally decides the matter in dispute.
In a conciliation procedure, the parties themselves determine whether they wish to reach an agreement and on what terms.
Solutions may also be agreed that go beyond a simple monetary payment – for example remedial performance, revised contractual terms, instalment payments or the continuation of a business relationship.
Preserving business relationships instead of destroying them permanently
Not every conflict has to mean the end of a working relationship.
Particularly in long-standing business relationships, licence agreements, collaborations or family-related asset disputes, an out-of-court understanding may be economically and personally more appropriate than adversarial litigation.
A successful agreement can not only end a dispute, but also make future cooperation possible.
What is a Private Conciliation & Settlement Office?
A private conciliation and settlement office is an independent, out-of-court institution that supports parties to a dispute in resolving conflicts amicably on a voluntary basis.
It is neither a court nor a law firm.
Its role is to hear the different positions, structure the subject matter of the dispute, promote objective understanding and support the parties in developing a mutually acceptable solution.
Unlike court proceedings, no decision is imposed on the parties by a state authority.
The parties retain control over the decision whether and how to settle.
The Private Conciliation & Settlement Office of Sachverständigenkanzlei Wolczik combines this procedure with legal expertise and interdisciplinary expert competence.
This allows disputes to be addressed in particular where complex contractual relationships, economic circumstances or specialised technical questions play a significant role.
Our Services
Private Conciliation Procedures
We provide a structured framework for the out-of-court resolution of civil-law and commercial disputes.
The objective is a voluntary understanding that takes the interests of the parties into account and, where possible, prevents further escalation.
Independent Settlement Facilitation
We provide neutral procedural guidance, identify and structure the differing positions and support the parties in developing realistic options for resolution.
Where appropriate, specific settlement proposals may be submitted for joint consideration.
Expert-Supported Conflict Resolution
Not every dispute arises solely from differing legal interpretations. Frequently, professional assessments, economic circumstances or unclear facts are also decisive.
Our expert competence enables a differentiated examination of such conflicts.
Where a separate expert assessment is required, this is carried out on the basis of a separate contractual arrangement and subject to the applicable requirements of neutrality.
Out-of-Court Settlement Agreements
Where the procedure results in an agreement, the parties may record that agreement in writing.
A valid out-of-court settlement agreement may create binding contractual obligations without the need for a prior court judgment.
Enforceable Agreements through Notarial Recording
Out-of-court resolution does not mean that an agreement must remain legally non-binding.
At the request of the parties, an agreement reached may be forwarded to an independent notary for preparation of notarial recording.
Subject to the statutory requirements of Section 794 (1) No. 5 of the German Code of Civil Procedure (ZPO), a notarial deed containing an appropriate submission to immediate enforcement may constitute an enforceable title.
This can provide a basis for compulsory enforcement of suitable obligations without the need to first obtain a court judgment.
Notarial recording is carried out separately and involves additional costs.
In what matters can we assist?
Our Private Conciliation & Settlement Office is available to private individuals, self-employed professionals, companies and other parties seeking an objective and economically sensible alternative to court proceedings.
Civil Law and Contractual Disputes
Conflicts concerning contractual obligations, outstanding claims, defective or disrupted performance, damages, liability issues and other disputes relating to assets or financial interests.
Business and Commercial Matters
Disputes between business partners, companies, clients and contractors, as well as conflicts arising from commercial relationships, collaborations and economic agreements.
Industrial Property Rights and Intellectual Property
Disputes concerning copyright, music rights, trade marks, designs, licence agreements, rights of use and remuneration claims.
Music, Media and the Creative Industries
Conflicts between artists, producers, publishers, rights holders and other participants in the music and media industries.
Equine Industry and Horse Breeding
Disputes relating to horse purchase agreements, breeding arrangements, stallion service agreements, horse valuations and economic contractual relationships within the equine industry.
Other Civil-Law and Commercial Conflicts
Outside our specialised areas of expertise, we also examine whether a dispute is suitable for an out-of-court conciliation or settlement procedure.
The decisive factors are legal permissibility, the nature of the conflict and the willingness of the parties to participate in an amicable resolution.
Professional Leadership and Expertise
Sandra Diana Wolczik
Rechtswirtin (FSH) | Certified Expert (DGuSV)
The professional leadership of the Private Conciliation & Settlement Office is held by Sandra Diana Wolczik.
Her qualifications combine broad legal education with specialised professional knowledge and interdisciplinary expert expertise.
Her legal studies leading to the qualification of Rechtswirtin at the Fachakademie Saar für Hochschulfortbildung (FSH) encompass key areas of German civil law, public law, criminal law, as well as civil procedure and enforcement law.
Her legal studies leading to the qualification of Rechtswirtin at the Fachakademie Saar für Hochschulfortbildung (FSH) encompass key areas of German civil law, public law, criminal law, as well as civil procedure and enforcement law.
As a certified and examined expert of the Deutscher Gutachter- und Sachverständigenverband e. V. (DGuSV), Sandra Diana Wolczik has specialised expertise in the following areas:
Further specialist qualifications include industrial property law, the music and media industries, IT law and the equine sector.
This combination of legal expertise, sector-specific knowledge and expert analysis forms the professional foundation of our alternative dispute resolution services.
How does a conciliation or settlement procedure work?
1. Initial Inquiry and Preliminary Assessment
You provide us with an outline of the conflict and the desired outcome. We assess whether the matter is generally suitable for a private conciliation procedure and whether any conflicts of interest exist.
2. Contact with the Other Party
Where the necessary conditions are met, the other party is informed of the possibility of an out-of-court settlement.
3. Agreement on Procedural Terms
If both parties are willing to participate, the procedure, remuneration, confidentiality and other procedural conditions are agreed in writing.
4. Joint Conciliation Meeting
The parties are given the opportunity to present their respective positions. We structure the disputed issues and support the development of possible solutions.
5. Agreement and Settlement
If an understanding is reached, a written settlement agreement may be concluded.
6. Optional Notarial Recording
Where desired and legally possible, the agreement may subsequently be converted into an enforceable notarial deed by an independent notary.
When is out-of-court dispute resolution appropriate?
Private settlement may be particularly suitable where the parties are seeking a timely resolution, wish to avoid the costs of court proceedings or place importance on confidentiality and a self-determined agreement.
It may be considered at the beginning of a conflict, following an unsuccessful attempt to reach agreement or even during ongoing court proceedings.
Not every dispute can be resolved out of court. In certain cases, court protection, legal representation or urgent measures to preserve deadlines may be required.
The decision to enter into a conciliation procedure should therefore also take account of possible limitation periods and other procedural deadlines.
Our Approach: Solutions Instead of Prolonged Disputes
A conflict is not automatically a case for the courts.
Anyone seeking to enforce a claim, clarify a contract or resolve an economic dispute primarily needs one thing: a sustainable solution.
Our Private Conciliation & Settlement Office provides a professional framework for developing such solutions outside court proceedings.
We focus on independence, objective analysis, transparent procedural conditions and fair involvement of all parties.
An out-of-court agreement can achieve more than merely ending a dispute: it can limit costs, save time, preserve economic capacity to act and open up new perspectives.
Not every conflict needs a judgment. Many conflicts first need a fair opportunity to reach agreement.
Let us assess whether your conflict can be resolved out of court.
Contact the Private Conciliation & Settlement Office of Sachverständigenkanzlei Wolczik in Berlin and tell us about your matter.
Legal Notice
The Private Conciliation & Settlement Office is a privately organised specialist division of Sachverständigenkanzlei Wolczik. It is not a state-recognised conciliation body within the meaning of Section 794 (1) No. 1 of the German Code of Civil Procedure (ZPO).
The Private Conciliation & Settlement Office is a privately organised specialist division of Sachverständigenkanzlei Wolczik. It is not a state-recognised conciliation body within the meaning of Section 794 (1) No. 1 of the German Code of Civil Procedure (ZPO).
A settlement concluded before our private conciliation office is not directly enforceable solely by virtue of this procedure. Separate notarial recording may be undertaken subject to the applicable statutory requirements.
Conducting a private conciliation procedure does not automatically suspend or interrupt statutory limitation periods. Existing deadlines and any measures required to preserve legal rights must be considered separately.
The possibility of an out-of-court agreement and its economic advantages depend on the circumstances of the individual case.
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