Integration assistance; application for arbitration proceedings

Service providers and integration assistance providers can appeal to the joint arbitration board in the event of disputes and conflicts.

In accordance with Section 125 (1) SGB IX, the integration assistance provider and the service provider conclude agreements on

• the content, scope and quality, including the effectiveness of the integration assistance services (service agreement) and
• the remuneration of the integration assistance services (remuneration agreement).

If service providers and integration assistance providers are unable to reach an amicable service or remuneration agreement in negotiations, either party may appeal to the Arbitration Board. The arbitration board decides on the disputed points. It is located at the government of Lower Bavaria.

The interests of people with disabilities are represented in arbitration proceedings by the Landesarbeitsgemeinschaft (LAG) Selbsthilfe Bayern e.V. (Bavarian Self-Help Association).

The following information is required:

• The applicant - if he is a service provider - must state whether and, if so, to which organization he belongs.
• The defendant must be named, stating the summonable address.
• A declaration that contract negotiations have been initiated but that no agreement on a service or remuneration agreement has been reached within three months of a written request for negotiations by one of the contracting parties.
• The application must describe the results of the previous negotiations and provide details of the matters on which no agreement could be reached and the reasons for this.
• The application should contain a specific request (application) stating the agreement period.
• The application may contain a statement by the applicant as to whether he/she agrees to a decision by the arbitration board in a written procedure.

• Service agreement according to § 125 SGB IX
• Calculation basis for the requested remuneration
• power of attorney, if applicable
• Depending on the individual case, further documents may be required. Please contact the government of Lower Bavaria.

One party was invited to negotiate in writing and no written agreement was reached within three months.

The decision of the Arbitration Board can be appealed to the social courts (Bavarian State Social Court) without the need for preliminary proceedings. The action is not to be brought against the arbitration board, but against the negotiating partner.

The application to initiate arbitration proceedings must be submitted in writing to the office of the Government of Lower Bavaria together with the necessary documents. It must be signed by the requesting party or their legal representative or a representative authorized by them.

The application must be submitted in triplicate. Lawyers and cost bearers can also handle correspondence in electronic form via the special public authority mailbox of the Government of Lower Bavaria. This eliminates the need to send multiple copies by post.

The members of the arbitration board decide on the application. In an oral hearing, the arbitration board first attempts to reach an amicable agreement between the contracting parties. If this is not successful, a decision is made by resolution. Furthermore, a decision can also be made in writing or an oral hearing can be held as a simultaneous video and audio transmission (video conference).

The request for arbitration can be made at the earliest three months after a written request for negotiations.

At the request of one of the parties, the Arbitration Board shall decide without delay on the points remaining in dispute from the negotiations previously requested in writing.

Fees of EUR 200.00 to EUR 7,700.00 and the expenses pursuant to Art. 10 of the Costs Act shall be charged for the proceedings of the Arbitration Board. The parties themselves shall bear the costs of lawyers or other authorized representatives in the arbitration proceedings.