Goodwill negotiation
The quality negotiation in the context of the German civil process serves to bring about an amicable settlement of the legal dispute. She goes according to § 278 para. 2 ZPO the hearing for the purpose of amicable settlement of the dispute ahead, unless it has already unification trial before an extrajudicial conciliation body took place or the conciliation hearing will be recognized hopeless. In the merit negotiations, the court must discuss the state of affairs and the dispute with the parties, taking full account of all the circumstances and, if necessary, ask questions. The parties appearing should be heard personally on this matter (Section 278 (2) sentences 2 and 3 of the ZPO). Often this amicable settlement will be the conclusion of a settlement . However, it can also lie in the fact that the defendant acknowledges the claim or the plaintiff waives the claim or withdraws the claim. As a rule, the parties are ordered to appear in person for the quality negotiation.
According to Section 278 (5) of the German Code of Civil Procedure (ZPO), the court can refer the parties to a judge for the merit negotiations .
In addition, there is a quality procedure in labor court proceedings (Section 54 ArbGG ). During the labor court proceedings
- an action can be withdrawn until the applications have been submitted without the consent of the defendant, Section 54 (2) ArbGG
- the acknowledgment must be declared
- a process settlement can be concluded.
