Time to think it over

Bedenkzeit. Time to think it over. A German negotiating and mediating convention: a party may ask for it, and asking is not read as weakness or delay. The request is granted as a matter of course, and often proposed by the mediator.

The chain of appeal

Der Instanzenzug. The German court hierarchy provides successive levels of appeal, each with its own full examination. A dispute is expected to take years if it needs to, and the structure is built on the assumption that a first answer may not be the right one.

The prescribed periods

Fristen. German procedure runs on prescribed periods — to respond, to object, to appeal — and they are counted in weeks. The clock is generous and it is strict. Nobody is asked to reply immediately, and nobody is permitted to reply late.

Evidence before the lawsuit

Das selbständige Beweisverfahren. German law allows a party to have evidence formally secured and examined by a court-appointed expert before any lawsuit is filed, particularly in construction disputes. The investigation can precede the conflict, and frequently ends it.

Taking evidence

Das Beweisverfahren. German courts take evidence in a structured process — documents, witnesses, court-appointed experts — and a case may be adjourned repeatedly while it runs. Speed is not a value the procedure optimises for.

Clarifying the facts

Sachverhaltsaufklärung. Clarification of the facts. German procedural law obliges a court to establish what actually happened before applying any rule to it, and the phase has its own name and its own stage in the judgment. The facts are settled first, as separate work.

Saving face

Gesichtswahrung. Face-saving. German conflict resolution attends to it explicitly, and the word is used openly in describing how a settlement was constructed. A resolution that humiliates one party is understood to be unstable, and constructing the exit is part of the work.

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