ALTERNATIVE DISPUTE RESOLUTION IN GERMAN AND EUROPEAN LAW

Abstract

The field of alternative resolution of private disputes is nowadays not only in Germany, but also in the whole European Union a very topical issue. This article first explains which traditional and new types of alternative dispute resolution (ADR) exist in German and European law. Next, the article – with a focus on Germany – critically examines the question of whether there is a legal framework and a real need for the new forms of alternative dispute resolution introduced at European and national level alongside the traditional forms. This will also take into account that alternative dispute resolution may come into conflict with the so-called judicial fundamental rights of the Basic Law (Grundgesetz), the German constitution.