Resolve the conflict. Keep the commercial objective in view.

Negotiation and escalation

We prepare claims and responses, preserve evidence and assess settlement ranges. Negotiations may be supported by a structured exchange of technical information, management escalation, an agreed repair programme or a standstill agreement.

Escalation clauses should identify the persons involved, time limits, entry and exit points and access to interim relief. Discussions alone do not reliably suspend every applicable limitation period.

Mediation and conciliation

A mediator supports the parties in finding their own solution without imposing a decision. Conciliation may involve a neutral proposal, depending on the agreed framework. Both require a suitable process, informed authority to settle and a clear treatment of confidentiality.

We advise on the choice of process and neutral, prepare the legal and technical position and represent parties in settlement discussions. This does not imply that every member of our team offers services as a certified mediator or independent neutral.

Expert determination and neutral evaluation

A binding expert determination may be useful for a defined technical or valuation question. The agreement should specify the issue, standard of review, access to documents, appointment mechanism, costs and the legal effect of the outcome.

An independent expert review, early neutral evaluation or a mini-trial can instead provide a non-binding assessment to support negotiation. It is essential to distinguish a report from a binding determination and from an arbitral award.

Adjudication and dispute boards

For ongoing plant projects, a standing or ad hoc dispute board can help address issues before they disrupt delivery. Depending on the agreement and rules, a board may issue recommendations or decisions with different degrees of binding effect.

Adjudication is not a uniform statutory mechanism for every German machinery contract. Its contractual basis, procedural fairness, interim binding effect and relationship with later arbitration or litigation need careful drafting.

Combined procedures and court-supported settlement

Mediation can precede or accompany arbitration or litigation. Hybrid processes, including Med-Arb or Arb-Med-Arb arrangements, need particular attention to consent, role changes, confidentiality and impartiality.

German litigation also offers settlement opportunities, including conciliation hearings and referral to a Güterichter where appropriate. Filing a claim does not rule out an agreed solution.

Make the settlement work

We draft settlements covering payment, repair or replacement, milestones, acceptance, security, releases and confidentiality. A private settlement is not automatically an enforceable title. Depending on the case, a court settlement, notarial instrument or consent award may be considered.

Cross-border enforcement, mandatory law and the position of guarantors, insurers and other parties should be examined before signature. Digital meetings and electronic document exchange also require suitable security and authority arrangements.