JOINT DISPUTE RESOLUTION
| GERMANY |
| SCHLICHTUNG JOINT DISPUTE RESOLUTION |
If the negotiations of the collective bargaining parties for the conclusion of a new collective agreement have failed to achieve any result, a joint dispute resolution procedure normally commences which is aimed at adjusting the clash of interests and preventing the outbreak of industrial action . This process, sometimes inappropriately translated into English as "arbitration", may involve the use of techniques of conciliation and/or mediation. Even if industrial action has already started, the procedure can offer a way of seeking to reach a compromise and hence an end to the dispute. This is referred to as "besondere Schlichtung" (special joint dispute resolution). A distinction is made between such joint dispute resolution established by agreement between the parties ("vereinbarte Schlichtung") and dispute resolution by a state authority ("staatliche Schlichtung"), which is used only as a last resort. Joint dispute resolution is employed for disputes of interest concerning a collective agreement to be concluded in the future, but not for disputes of rights, which may be decided only by the courts. Joint dispute resolution as provided for by collective agreement or by law has consequential effects on the lawfulness of industrial action: the imposition of an obligation on the parties to carry out a joint dispute resolution procedure means that the peace obligation deriving from the previous collective agreement is prolonged.
Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.