Content of a mutual amicable agreement
At all stages of the procedure the possibilities of an amicable settlement of the dispute have to be examined but out of court settlement can only be reached if both parties agree to it. All items in dispute between the parties should be resolved.
In order to a close a dispute or out of court negotiations through mutual settlement, waiver or acknowledgement the parties will usually sign a settlement agreement in written form.
It is to be pointed out that such mutual settlement agreement will trigger an additional settlement fee determined by the German code of lawyers' fees (RVG).
If no amicable solution can be found to balance settlement during the pre-judicial collection phase it is time to start consistent and fair judicial collection.