Private arbitration tribunals in focus: What the Klesch case means for companies*
The Klesch case makes it clear that private arbitration tribunals are a powerful tool for globally active companies to challenge…
Guide
Conciliation
Conciliation is an out-of-court dispute resolution process based on mutual understanding supported by a neutral professional assessment. Its purpose is to reach an agreed solution when the parties hold differing views on a clearly defined set of facts.
Conciliation is conducted by a recognized dispute resolution body and concludes with a recommendation or settlement proposal issued by the conciliator, which both parties may choose to accept.
Procedure Steps
At the outset, the procedural rules, competence, and overall structure of the process are defined. Both parties are informed about the framework, the role of the conciliator, and the legal basis of the procedure.
Key Features
Conciliation procedures are particularly suitable when conflicts can be handled in a standardized manner and when expert assessment contributes to resolving the matter. They are well suited to cases involving clear processes, recurring patterns, or sector-specific structures.
Industries, associations, and organizations with ongoing contractual relationships benefit from the neutrality and efficiency of conciliation.
Essential features:
- Expert assessment: Neutral evaluation by a qualified conciliator
- Structured process: Clear procedural rules and transparent case management
- Confidentiality: Non-public, full protection of all case information (Section 4 Mediation Act)
- Efficiency: Faster resolution than court proceedings
- Voluntary participation: Agreement only with the consent of both parties
In certain contexts, such as collective bargaining, the conciliator’s recommendation may be published, adding visibility and weight to the proposal.
Latest Articles on Conciliation
Find current developments, legal background, and practical case examples on conciliation in our expert articles.
Mediation in employment law: From the conciliation committee to commercial mediation
In employment law, mediation offers a flexible, confidential and relationship-oriented alternative to the traditional conciliation board by relying on voluntary…
Hong Kong as a center for international mediation: New opportunities for business
On 30 May 2025, history was made in Hong Kong: 33 states signed the founding convention of the International Organization…
The future of dispute resolution: How artificial intelligence is revolutionizing alternative dispute resolution
For two days in June 2025, The Hague was transformed into the global epicenter of discussion about law, technology and…
A new chapter for international arbitration: UK Arbitration Act 2025
On August 1, 2025, the new Arbitration Act 2025 came into force in the United Kingdom, a much-anticipated reform. It…
Intervene early instead of reacting late: How mediation prevents bullying and burnout
Bullying and burnout are often the result of unresolved conflicts - early mediation can prevent them, promote healing and strengthen…
Business in dialog: Why mediation makes the difference in factual conflicts
Factual conflicts are unavoidable - but with mediation they can be transformed into opportunities for cooperation, trust and sustainable success.
Federal Ministry recommends out-of-court dispute resolution for major construction projects
A federal study recommends early conflict management with mediation and arbitration for major construction projects in order to sustainably reduce…
Commercial mediation: legal expenses insurers cover the costs
More and more legal expenses insurers are covering the costs of business mediation, thereby promoting fast, cost-effective and out-of-court conflict…