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Carsten Köbisch

Listen – understand – discuss – act

Irrespective of the area of law, there are basically two types of consultation:

a) Alternative conflict resolution

In most cases it is neither economically sensible nor in anybody’s legal interest to take a problem to court without first discussing it. This is because a court is firstly interested in rulings, and much less so in resolving personal problems. A satisfactory resolution of the conflict is therefore often only achieved through a discussion involving both parties, for which good communication is necessary. The desire and the ability to understand the causes of the conflict is required. It is therefore imperative that the wishes of the other party are recognised and duly considered alongside ones own wishes.
A consultation may only be successful after the differing standpoints have been clearly worked out and the causes for these are clear. A significant advantage of this process is that the parties are given another chance to resolve their conflict. Recourse to legal action is still of course possible.

...further information about out-of-court conflict resolution


b) Representation in judicial proceedings

In other cases, an out-of-court agreement may not be sensible or may even be impossible. This is the case when, for example, you have already been charged and the deadline is close to expiring. If the case concerns official action, it can also be advisable to abandon any out-of-court procedures. Pragmatic reasons can also speak in favour of legal action if you are highly likely to win a court case and the other party appear unreasonable.

In these cases I am available as legal advisor in court. Courts often make clear in proceedings that neither party can expect a 100% victory.The result is often therefore a settlement not entirely agreeable to either party. Those who are practised in this form of conciliation and who have previously considered a concrete agreement usually have the advantage.

Which way is right for you can usually be determined in the first consultation session. This costs 35 Euro per half hour including German sales tax.

More information about fees...

© 2008 - Rechtsanwalt Carsten Köbisch - Tel.: 0331 - 585 20 87