Prerequisites for taking action
What prerequisites must be fulfilled for the Conciliation Board to take action pursuant to the FSV?
What prerequisites must be fulfilled for the Conciliation Board to take action for alternative dispute resolution proceedings pursuant to the AStG?
Lack of jurisdiction
With respect to which cases is the Conciliation Board unable to become involved?
Proceedings before the Conciliation Board
The client should firstly direct his complaint to the institution and/or enterprise, and demand an answer in writing. If no answer is received or if this answer is unsatisfactory, the client can approach the Conciliation Board verbally or in writing.
Simple enquiries are dealt with by the conciliator verbally. In the case of complex questions the Conciliation Board may obtain additional documents from the client and also request the institution and/or enterprise to submit a supplementary statement. It may also be the case that, on account of its highly complex nature, a particular matter may not be appropriate for conciliation proceedings, or that the Conciliation Board requests the client to appeal directly to the ordinary courts for a different reason.
To simplify and expedite the conciliation proceedings the client should present the facts clearly and indicate precisely what claims he is asserting against the institution and/or enterprise.The Conciliation Board is empowered to demand from the institution and/or enterprise all necessary information for the assessment of the case in question and to inspect the files. For this purpose it requires an authorization from the client so that the institution and/or enterprise is released from its legal obligation of professional discretion vis-à-vis the Conciliation Board ( Declaration of Authorisation).
After the Conciliation Board has acquired a complete picture of the facts upon which the complaint is based, presents to the parties a non-binding proposal for a solution. Both the client as well as the institution and/or enterprise are free to initiate further legal steps.