The ACCORD conciliation procedure is generally conducted in three phases:
The details of the procedure are described in the ACCORD Conciliation Rules (ACCORD Schlichtungsordnung - an English version of which can be provided upon request).
Parties who wish to do so can include an ACCORD conciliation clause in their contract at the time the contract is concluded. We recommend the following model clause:
"With respect to all disputes arising out of or in connection with this Agreement, prior to the initiation of [arbitration proceedings / court proceedings pursuant to Article ... of this Agreement], conciliation proceedings shall be conducted in accordance with the conciliation rules of ACCORD Schlichtung GbR, Mozartstr. 34, 50674 Cologne, Germany, in the version in effect at the time of initiation of the proceedings. The Parties undertake to hold at least one meeting with the conciliators appointed by ACCORD to discuss the attempted conciliation prior to any termination of the conciliation proceedings."
The applicable fees (application fee, conciliator's fee, settlement contingency) are described in the ACCORD Fee Schedule (ACCORD Gebührenordnung - an English version of which can be provided upon request).
ACCORD is a state-recognised conciliation office. As a result, two major benefits: with the initiation of the ACCORD conciliation proceedings, the statute of limitations of the claims described by the parties is suspended in accordance with the applicable laws. If one party so wishes, the agreement reached in the ACCORD conciliation proceedings will be declared enforceable by German courts; thus, enforcement can be pursued from the agreement.
At the request of the parties, ACCORD can also offer other out-of-court settlement procedures, such as:
- Binding Expert Determination,
- Adjudication and Dispute Boards,
- Mediation and Collaborative Law,
- out-of-court proceedings for the preservation of evidence,
and support with arbitrator and damage expert appointments.