Dispute: Arbitrator Instead of Judge – Resolving Conflicts Between Neighbors

In the bustling heart of Berlin and the surrounding state of Brandenburg, a quiet but effective system is helping neighbors resolve their differences without resorting to costly and lengthy court battles. Malte Priesmeyer, chairman of the Berlin Association of Arbitrators, highlights the crucial role of arbitration in settling disputes ranging from loud music and overhanging trees to barbecue smoke.

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If you find a solution together for the dispute, the acceptance of the agreed settlement is much greater.

Priesmeyer, who also serves as an arbitrator himself in Berlin's Neukölln district, emphasizes that when parties collaboratively find a solution, they are far more likely to adhere to it. This principle is key to the success of the arbitration process, which he believes could significantly reduce the caseload in German courts if made mandatory nationwide.

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A lot of nonsense could be kept away from the courts if arbitration was mandatory.

While Brandenburg and several other German states already require arbitration for specific disputes before a court can be involved, Berlin is pushing for a similar system. The benefits are clear: lower costs for participants, with arbitrators like Priesmeyer charging modest fees, and legally binding agreements that can be enforced by bailiffs if necessary. This approach not only saves money but also preserves neighborly relations, a valuable commodity in densely populated urban areas.

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We would like the procedure to be mandatory: first to the arbitrator, then to the judge.