Conflict resolution for business parties

Conciliation proceedings on equal terms.

CampusArbeitswelt is the central platform for employee representatives and employers for all matters relating to the conciliation committee.

What is the conciliation committee?

The conciliation committee is a conflict resolution procedure used in Germany for disputes between employers and employee representatives. If the parties involved in a conflict cannot reach an agreement, a conciliation committee can be set up to find a solution. The conciliation committee consists of an impartial chairperson and at least one representative each from the employer and the employee. The aim of the conciliation committee is to find a fair and equitable solution that is acceptable to both parties. The decision of the conciliation committee is binding and cannot be appealed.

  • Finding a chairperson together

    Are you, as employer and employee representatives, jointly seeking the right expert to serve as conciliation committee chairperson to resolve your conflict? We recommend a selection of experienced conciliation committee chairpersons who are qualified in your specific areas, whom we will then contact in the order you specify to arrange appointments. We will then connect you with the appropriate conciliation committee chairperson from our quality network – quickly, free of charge, and with data security guaranteed!

  • No agreement yet between the parties involved

    Are you, as the parties involved in the company, still unable to agree on whether and how a conciliation committee should be set up? We can support both parties at your request: in the spirit of trust-based cooperation between the parties involved in the company, we will explore with your business partner whether there is a willingness for both parties to work together with our support to find a suitable chairperson for the conciliation committee.

Submit your request now

How can we find the right chairperson together?

Are you an employer and/or works council member? Have you jointly decided to call upon the conciliation committee and are you looking for a suitable conciliation committee chairperson by mutual agreement?

Three steps to your destination – how we help you with navigation and foresight:

  • request

    You initiate the search process together with your employer/works council or with their consent. Use our inquiry form to describe your situation and general conditions—it's quick and easy.

  • research

    We determine your individual needs: requirements, criteria, and open issues are queried and evaluated individually for each operating party. Based on your information, we find the suitable chairperson in our quality network.

  • Service

    Have you found the right chairperson and are you ready to start the conciliation committee? Our fully digitalized conciliation committee portal is ready for all further steps—from coordinating appointments to document storage.

Feel free to contact us!

Do both parties agree that we should submit proposals for the selection of the conciliation committee chairperson to both parties and check their availability free of charge? Or would you like us to get involved by clarifying with your business partner whether (1) there is a willingness to convene the conciliation committee, (2) there is agreement on the subject matter and timing of the settlement, and (3) your business partner agrees with the process of us submitting appropriate proposals for both parties? Then get in touch with us!

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Dispute over the conciliation committee?

Are you an employer or works council member involved in a dispute with the other party regarding one or more aspects of the conciliation committee, and do you recognize yourself in one of the following situations? Our legal experts will guide you through your problem situation and show you options for action and possible solutions.

  • Jurisdiction of the conciliation board

    Permanent conciliation board or as needed, voluntary or enforceable conciliation proceedings and the correct subject matter – the conciliation board can only be a conflict resolution tool if its fundamental jurisdiction is given.

  • failure of negotiations

    From setting the right deadline to delaying tactics. When is the right time to call in the conciliation committee? Because: Only when serious negotiations with the other party have finally failed can the conciliation committee be called in.

  • Chairperson

    The key figure: The conciliation committee can only be successful if there is agreement on the chairperson – uncertainties or conflicting ideas among the parties involved regularly lead to conflicts.

Does any of these situations apply?

We will help you with the service that suits your situation.

How can internal conflicts be dealt with?

What should be done if no agreement can be reached between the works council and the employer on an important co-determination issue? Experience shows that the concerns of employees and the interests of the company are often not identical and conflict with each other.

Such a conflict situation can sometimes lead to very intense and difficult negotiations between the works council and the employer. All too often, negotiations reach a point where at least one party subjectively sees no chance of reaching an agreement and considers further negotiations within the existing framework to be futile.

If the different interests can be well balanced, both sides, employees and employers alike, benefit. If the parties reach a viable agreement, they can consolidate the results of their negotiations in a works agreement. For this reason, dealing with such conflict situations appropriately is essential for successful corporate development.

What is the conciliation committee?

A conciliation committee is an arbitration procedure under works constitution law for regulatory conflicts between employers and works councils. The legal basis for this is essentially Section 87 of the Works Constitution Act (BetrVG). A conciliation committee can be convened by either the works council or the employer. It consists of participants appointed by the works council and participants appointed by the employer. There is also an impartial chairperson of the conciliation committee.

What are typical subjects of conflict dealt with by the conciliation committee?

Typical regulatory conflicts are issues of “hard” co-determination (Section 87 BetrVG). Examples include the regulation of IT systems through works agreements, disagreements on the design of duty rosters or shift schedules, or the clarification of the employer's duty to provide information to the economic committee.

There are a number of regulatory issues where the conciliation committee can be enforced. These are primarily co-determination issues in accordance with Section 87 BetrVG. However, there are many other regulatory issues in the law where a conciliation committee can be enforced.

On whose initiative is the conciliation committee called upon?

As a rule, each party to the works agreement can individually call upon the conciliation committee. It is also conceivable that both parties to the works agreement could jointly call upon the conciliation committee.

What is the procedure for the conciliation committee?

The conciliation committee is responsible for mediating between the parties within the company and reaching an amicable resolution to conflicts. Accordingly, the Works Constitution Act takes a back seat when it comes to the structure of the conciliation committee. It is not a matter of formalized procedures – nor of judicial rulings. Therefore, a lot of time is spent on hearing and exchanging views between both parties. There are often interruptions for longer interim discussions. The exact procedure of the conciliation committee is highly individual. As a rule, conciliation committees take place on the premises of the company.

What is the outcome of the conciliation committee?

As a rule, conciliation committees end with a compromise for the parties involved, mediated by the chair of the conciliation committee. If attempts to reach agreement on a co-determination issue fail, however, the members of the conciliation committee vote. If there is a tie between the parties involved, the chair casts a decisive vote in a further round of voting. The result of the vote is then the so-called ruling of the conciliation committee. A ruling of the conciliation committee is a binding result under works constitution law.

Who has to pay for a conciliation committee?

Section 76a of the Works Constitution Act (BetrVG) regulates the issue of costs in general terms. The costs of a conciliation committee are borne by the employer. This includes both the costs of the chair of the conciliation committee and the time off work for the works council members.

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Send an email: info@campusarbeitswelt.de