Is Mediation Required Before Filing Small Claims in Germany?

What the Law Says

German law distinguishes between mandatory mediation and voluntary or court-facilitated conciliation. For small claims (Kleiner Streitwert), no statutory obligation exists to mediate before initiating proceedings at the Amtsgericht.

Under the German Code of Civil Procedure (Zivilprozessordnung – ZPO), small claims up to €5,000 fall within the exclusive jurisdiction of the Amtsgericht (§ 23 Nr. 1 GVG). The ZPO does not impose a mandatory mediation requirement prior to filing such claims.

However, § 15a ZPO authorizes courts to suspend proceedings for up to three months to allow parties to attempt out-of-court settlement—including via mediation or conciliation—provided both parties consent. This is discretionary, not compulsory. Additionally, some federal states (e.g., Bavaria, North Rhine-Westphalia) operate voluntary 'Schlichtungsstellen' (conciliation offices) for consumer or neighbourhood disputes, but use remains optional unless contractually agreed.

Statutory Text

The court may suspend the proceedings for a period not exceeding three months if the parties consent to an attempt to settle the dispute out of court.

— ZPO § 15a(1)

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