Point of Difference (e.V.)
1. Purpose
This Dispute Resolution clause sets out the procedures for resolving disputes arising out of or in connection with activities, services, agreements, or interactions involving Point of Difference.
The aim is to resolve disputes fairly, efficiently, and amicably, while preserving relationships and the humanitarian mission of the Organization.
2. Scope
This clause applies to all disputes, claims, or controversies between Point of Difference and:
- Participants and beneficiaries
- Volunteers and members
- Donors and supporters
- Partners, contractors, and service providers
unless mandatory statutory provisions require otherwise.
3. Amicable Resolution (Good Faith Effort)
Before initiating formal legal proceedings, the parties shall make a good‑faith effort to resolve any dispute amicably.
This includes:
- Written notification of the dispute
- Open and constructive dialogue
- Reasonable cooperation to reach a mutual solution
This reflects the NGO’s commitment to fairness, accountability, and collaboration.
4. Mediation (Optional but Recommended)
If an amicable resolution cannot be reached, the parties may agree to submit the dispute to mediation before a neutral mediator.
- Mediation is voluntary and non-binding
- Each party bears its own costs unless otherwise agreed
- Mediation does not prejudice statutory rights or limitation periods
For disputes involving beneficiaries or vulnerable persons, mediation is strongly encouraged where appropriate.
5. Legal Proceedings and Jurisdiction
If the dispute cannot be resolved through amicable discussions or mediation, either party may pursue legal remedies.
Unless mandatory consumer protection laws provide otherwise:
- German law applies
- Jurisdiction lies with the courts at the registered seat of Point of Difference, insofar as legally permissible
For consumers within the EU, mandatory jurisdiction and consumer rights under EU law remain unaffected.
6. Consumer Dispute Resolution (EU ODR)
If the dispute involves a consumer within the European Union, the consumer may use the EU Online Dispute Resolution (ODR) platform:
👉 https://ec.europa.eu/consumers/odr
Point of Difference is not obliged to participate in consumer arbitration unless required by law, but remains open to reasonable dispute resolution mechanisms.
7. Continuation of Obligations
During any dispute resolution process, both parties shall, where reasonable:
- Continue to fulfill undisputed obligations
- Avoid actions that could escalate or worsen the dispute
8. Confidentiality
All negotiations, correspondence, and mediation proceedings conducted for dispute resolution shall be treated as confidential, unless disclosure is required by law.
9. Severability
If any provision of this Dispute Resolution clause is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.