Schiedsstelle

Schiedsstelle is a conciliation or mediation body used in German-speaking countries to help resolve disputes without litigation. It is typically established at the municipal level or by professional associations and can cover various civil disputes, such as tenancy issues, neighbor relations, and labor matters.

A Schiedsstelle is usually composed of impartial representatives from relevant stakeholders, for example tenants and landlords or employers and employees. Its purpose is to facilitate an amicable agreement through mediation rather than a court judgment. Participation is often voluntary, and in some sectors or jurisdictions it may be required as a preliminary step before pursuing legal action.

The procedure generally involves submitting the dispute to the Schiedsstelle, which then conducts hearings and mediates between the parties to reach a settlement. If the parties agree, the settlement is recorded and binds them by contract. If no agreement is reached, the Schiedsstelle may issue a non-binding recommendation. A binding outcome (Schiedsspruch) is possible only if the parties have explicitly agreed to binding arbitration in advance or if a specific legal framework provides for it.

In relation to the courts, the Schiedsstelle serves to reduce court caseload and offer a quicker, less formal means of dispute resolution. It operates alongside the judiciary and, depending on the country and sector, may be part of labor relations, housing law, or consumer disputes. The concept exists in Germany, Austria, and Switzerland, with variations in structure and authority.