Aiming at agreement – planning, negotiating and drafting settlement agreements

theme No.: 2b
responsible federal state: Brandenburg
date: 16.01.2023 - 20.01.2023

The conference is primarily aimed especially at judges in civil courts but is also suitable for other parts of the judiciary where consensual dispute resolution is relevant (social security law, labour law, administrative law). It is both suitable for young professionals, colleagues that have changed their area of work and for experienced judges.
In all circumstances of the proceedings, the court is to act in the interests of arriving at an amicable resolution of the legal dispute or of the individual points at issue (Sec. 278 (1) German Code of Civil Procedure). An amicable resolution not only means an efficient ending of a trial for the court. The parties also tend to accept – and not only put up with – it as a result reached by themselves.
Pursuant to the carefully phrased wording in Sec. 278 (1) German Code of Civil Procedure any settlement shall not be initiated schematically or brought about by pressure, but the court shall rather „act in the interest of arriving at an amicable resolution“. Mutual concessions rely on convincing arguments and on their convincing communication. In a well-planned trial, the judge must not only be well informed about the merits of the case but also about his or her role. The judge must also be able to identify potential liability exposures and know the enforcement procedures for any settlement. He or she must intellectually and linguistically be able to draft a settlement agreement in clear terms that may later be executed without further issues arising.
The conference will convey factual knowledge but will lead participants through the topic in a practical manner with various „hands on“ practical exercises. Core topics will be:

•  In which kind of case shall I encourage a settlement?
•  How do I develop and negotiate a settlement?
•  What are potential mistakes or risks for liability?
•  How shall the settlement be drafted and recorded?
•  How can I avoid ambiguities and problems in enforcing the settlement?

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