What legal steps need to be taken in case of a dispute between members of a club?
June 3, 2023 | 50,00 EUR | answered by Roberta Lahn
Dear lawyer,
I am reaching out to you because I am currently involved in a dispute between members of my club and I do not know what legal steps I should take in this situation.
The background information regarding my concern is as follows: There have been disagreements between two members of our club for some time, which have now escalated into a serious dispute. The two parties cannot agree on the direction and goals of the club. The conflict not only affects the club atmosphere, but also impacts the cooperation and implementation of club activities.
I am concerned that the dispute could escalate and have a lasting negative impact on the club. Therefore, I am wondering what legal steps I, as a club member, can take to resolve the conflict and prevent potential harm to the club. Are there legal options to reach a mediation between the parties in dispute or even find a mutually agreeable solution? What legal actions can be taken to protect the interests of the club and resolve the dispute?
I would greatly appreciate it if you could provide me with specific recommendations on how to best handle this difficult situation. I look forward to your response and thank you in advance for your assistance.
Sincerely,
Sofia Krausmüller
Dear Mrs. Krausmüller,
Thank you for your inquiry regarding the dispute between members of your association. It is understandable that you are concerned about the situation and want to find a solution to prevent further harm to the association.
In such a case, it is important to first check if the association's bylaws provide for provisions for resolving conflicts between members. Often, bylaws contain provisions for mediation or dispute resolution. Therefore, it is advisable to consult the association's bylaws and consider possible courses of action in accordance with the provisions contained therein.
If the bylaws do not contain specific provisions for dispute resolution, members can still try to reach a mediation between the disputing parties. Mediation is an out-of-court process in which a neutral person – the mediator – moderates the conflict and supports the parties in reaching a mutually agreed solution. Mediation can help improve communication between the parties in dispute and reach a sustainable agreement.
It is also possible that convening an extraordinary general meeting in your association contributes to the discussion and resolution of the conflict. In such a meeting, members can discuss the way forward together and decide on possible measures to resolve the dispute. It is important that all members have the opportunity to present their viewpoints and contribute constructive solutions.
If despite all efforts it is not possible to reach an agreement between the disputing parties, it is possible to take legal action. However, it should be noted that a legal dispute usually involves high costs and could burden the association's assets. Therefore, legal clarification should only be considered as a last resort if all other options have been exhausted.
In any case, I would recommend seeking professional legal advice to discuss your specific situation and develop tailored solutions. An experienced attorney specializing in association law can provide comprehensive advice and help you resolve the conflict as best as possible.
I hope this information is helpful to you and wish you success in resolving the dispute in your association.
Sincerely,
Roberta Lahn
Attorney specializing in association law
