Die Haftung des streitbeilegenden Dritten

In the context of civil judicial enforcement, the liability of the actors involved - particularly lawyers' liability - ranks among the classical questions that have been thoroughly explored in legal scholarship. By contrast, liability in the field of extrajudicial dispute resolution has so far received little fundamental attention, even though such mechanisms have played an increasingly important role in conflict resolution over recent decades. In this study, Franziska Heese closes that gap by offering a foundational examination of the liability of third-party neutrals - mediators and conciliators - who, unlike civil courts, cannot ultimately benefit from the far-reaching immunity from liability afforded to civil courts under Section 839(2) of the German Civil Code.