Conciliation committee: process and duration
How does a conciliation committee work – and how long does it take? This overview shows the steps from setting up the committee to the binding award and puts the duration in realistic terms.
When and how is the committee set up?
If employer and works council cannot agree in a co-determination matter, either side may call the conciliation committee (Section 76 BetrVG). It consists of an equal number of assessors from both sides and an impartial chair. The parties should agree on that person; if they cannot, the labour court appoints them.
From setting up to the award
Set-up & appointment
Forming the committee, appointing the chair and naming the assessors.
Preparation & review
The chair reviews the facts and documents and structures the topics.
Sitting & facilitation
Positions are discussed; the chair facilitates neutrally and works out room for solutions.
Proposed solution
A balanced, workable arrangement as the basis for the decision.
Decision (award)
If no agreement is reached, the committee decides by majority – the chair casts the deciding vote.
Minutes
Complete, signed minutes keep the result comprehensible.
How long does a conciliation committee take?
There is no flat figure – the duration depends on the complexity of the topic, the number of points in dispute and the willingness of both sides to cooperate. In practice, many proceedings conclude within one to three sittings. Depending on the case, that ranges from a few weeks to several months. The biggest lever is tight, forward-looking scheduling: bundling dates early and preparing sittings well shortens the procedure considerably.
What makes it faster
- A chair accepted by both sides and experienced
- Early, bundled scheduling – also by video conference
- Clearly prepared documents and positions
- A structured agenda and consistent facilitation
What drags proceedings out
- A dispute over the chair up to court appointment
- Late or incomplete preparation of documents
- Hard-to-find common sitting dates
- Subsequently expanded or unclear points in dispute
Briefly answered
It depends on scope and willingness to cooperate. Many proceedings conclude within one to three sittings; depending on complexity this ranges from a few weeks to several months. Tight scheduling and good preparation shorten it considerably.
Often one to three sittings suffice. Simple regulatory questions may need just one; extensive operational changes require more.
Yes. The award replaces the agreement between employer and works council. It can only be challenged within two weeks for exceeding discretion before the labour court (Section 76(5) BetrVG).
More in the guide: Choosing the chair · Cost of a committee · all guides
Get proceedings moving quickly
As an experienced chair I schedule at short notice and steer the procedure to a conclusion in a structured way – across Germany, also by video conference.