Медиация споров в сфере информационных технологий: опыт Германского общества права и информатики

Ламберт Гросскопф,

LL.M. Eur.


Disagreements and conflicts in IT projects are sometimes unavoidable. Often such dis­putes end up in courts, which only have legal but no technical expertise. But without technical knowledge a highly complex IT project cannot be assessed. Therefore, in Germany the con­ciliation provided by the German Association of Law and Informatics (DGRI) enjoys steadily increasing popularity, as the conciliation team will be composed not only of a member of the legal profession, but also of a publicly appointed and sworn computer expert. So the concilia­tion team is able to support and advise the parties to handle and optimize the IT project suc­cessfully. They cannot only accept or partially accept or dismiss the claim, but they can also issue swift decisions which are temporarily binding for the duration of the project and which deal for example with (1) the continuation of works necessary for an orderly performance of the contract; (2) the performance of services necessary for an orderly performance of the contract and over which the parties are in dispute with respect to additional payment obliga­tions or (3) the performance of acceleration measures in order to avoid or reduce delays.