Justice of the Peace

The arbitration board is in Germany a volunteer activity performed for arbitration of a dispute in minor criminal and neighborly matters.

History

When, after the Congress of Vienna in 1814/15 European territories were reorganized, remained in the formerly French occupied gewesenen linksrheinischen German territories, the Institute Justice of the Peace exist while it leaning the Kingdom of Prussia ( with the exception of Rhenish Prussia ) in 1827 introduced the institution of the arbiter. Its task was to make an atonement attempt between the contending parties in small private litigation and defamation against a transition to the ordinary courts.

Following the example of Prussia was followed by other German states, who appealed comparison and justice of the peace, so that this institute finally first entry into the German Code of Criminal Procedure was for private insults of 1877. With the Prussian arbitrator order of 1879 even less important civil disputes were added, which will keep other German countries joined.

Since the Prussian Arbitrator Rules (Arbitration Manno ) from 1924 there was the institution of the arbiter in the states of Berlin, Hesse, Lower Saxony, North Rhine -Westphalia, Rhineland -Palatinate, Saarland and Schleswig -Holstein. In Brandenburg, Mecklenburg- Western Pomerania, Saxony, Saxony -Anhalt and Thuringia - the countries of the former GDR - has under the law on arbitration in the communities ( SchiedsStG ) since 1990, a panellist these tasks, called in Saxony Justice of the Peace. The law has been adopted by the GDR People's Chamber.

On the basis of changes in the Criminal Procedure Code ( § 380 CCP) in 1998 and of the Introductory Act to the Civil Procedure Act ( § 15a EGZPO ) in 1999 have come into force recently: Bavarian Arbitration Law, goodness locations and Conciliation Act NRW, Law on compulsory dispute resolution Baden- Württemberg, Law on the introduction of a mandatory dispute resolution in the state of Brandenburg, the law governing the dispute resolution Hesse.

Arbitration

Arbitrators ( magistrates, arbitrators, mediators ) are responsible for arbitration - if the public interest in the prosecutor's lack of law enforcement - in the criminal trespass, defamation, violation of secrecy of correspondence, assault, threat, property damage and drunken stupor.

The Office is a torque applied on time volunteering with the task to mediate between the contending parties. Arbitrators decide not but lead law brought about a comparison, that is a contract between the parties agree, where appropriate, directly from the enforcement can be operated.

Of the volunteer arbitrators are to distinguish the nationally recognized quality places where often lawyers and notaries act as mediators. In some states, arbitration, however, are treated as recognized by the state judicial office quality sites. In this case, it may be appropriate in Land legislation for the following disputes in the context of ( § 15a EGZPO ):

• Proprietary disputes to a dispute value of 750 euro
• Disputes over claims of neighboring rights under § § 910, 911, 923 German Civil Code and Article 124 BGB (if it is not to impact from a commercial operation)
• Disputes over claims for breach of personal honor, which have not been committed in the press or broadcasting
• Disputes over claims under section 3 of the AGG

Switzerland

In Switzerland, is called the arbitrators magistrate or agent; the appropriate office is called the peace judge or mediator Office, in the French-speaking or French- speaking cantons dominated peace court. Justices of the Peace convey as arbitration boards in civil proceedings between the parties. Its legal foundation form the Swiss Code of Civil Procedure and the various cantonal court systems.