Arbitration.
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cost-effective and time-saving conflict resolution such as in mediation
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Difference: the arbitrator proposes a solution himself or is asked for an arbitrator's verdict
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The aim here too: an interest-oriented, future-oriented settlement of the conflict
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suitable for conflicts in the area of collective bargaining and industrial action law or other collective disputes
It is not only in working life that conflict situations and apparently insoluble blockages can arise again and again for a wide variety of reasons. Instead of confrontationally hiring a lawyer and going to court, there are alternative, very efficient instruments for out-of-court dispute resolution that have been tried and tested for decades.
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Like mediation, arbitration is a voluntary, flexible, confidential and interest-based process. The parties shall work towards an amicable settlement of the dispute with the support of the arbitrator. The arbitrator acts as a neutral third party. The goal is a long-lasting, viable and mutually accepted solution to the conflict based on the actual interests of the parties.
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The main difference between arbitration proceedings and mediation is the fact that the parties usually ask the arbitrator during the proceedings to submit a non-binding settlement proposal. In contrast, a mediator will refrain from such a proposal in most cases.
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The parties to an arbitration procedure are free to decide on the time frame, the structure and the content of the procedure. Ultimately, the parties are also completely free to decide whether and with what content an agreement can be reached. This can also take the form of an arbitration verdict. This not only takes into account the legal positions of the parties, but also their economic, financial and/or personal interests.
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In the operational consulting practice of arbitram, arbitration procedures occur in the following constellations in particular:
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Arbitration in collective bargaining disputes based on collective agreement arbitration clauses with the aim of mediating an agreement between employers, employers' association and trade union on future collective agreement regulations.
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the moderation between employment dispute parties of all branches of industry and sectors with the aim of bringing those involved back to the negotiating table.
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the management of collective bargaining arbitration boards, which serve to settle differences of opinion in the interpretation and application of existing collective agreements on the basis of §§ 4, 101 ArbGG.
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the management of arbitration boards under § 76 Para. 8 BetrVG, who have been assigned the regulatory competence of a works constitution arbitration board on the basis of a collective agreement.
