What Happens at the Conciliation Hearing before the Labour Court?

You have received a summons to a conciliation hearing from the Munich or Rosenheim Labour Court and are unsure what to expect? I explain the procedure, your obligations and your prospects – and represent you in person.

Before the Labour Court, unfair dismissal proceedings or any other employment claim do not open with a full-scale hearing, but with a comparatively short yet important appointment: the conciliation hearing. Anyone holding a summons from the Munich Labour Court or the Rosenheim Labour Court for the first time is often uncertain: Do I have to attend in person? Will my case already be decided there? Am I at risk of disadvantage if I say nothing? That uncertainty is understandable – the conciliation hearing unfolds differently from a “normal” court hearing, and those who turn up unprepared often give away room to negotiate.

How I can help you

• I explain to you beforehand which points are likely to come up at the conciliation hearing and what really matters
• I work through realistic negotiation objectives with you – for instance regarding severance pay, your reference, or the date of termination
• I represent you at the hearing before the Munich or Rosenheim Labour Court and negotiate with the other side on your behalf
• I assess whether a settlement proposed at the conciliation hearing is genuinely to your advantage before you agree to it
• If no agreement is reached, I guide you through the remainder of the proceedings up to the full chamber hearing

How does the conciliation hearing work?

Under Section 54 of the Labour Courts Act (Arbeitsgerichtsgesetz, ArbGG), every employment claim before the Labour Court begins with a conciliation hearing. It usually takes place a few weeks after the claim is filed and is conducted by the presiding professional judge alone – without the lay judges, who only take part later in the chamber hearing. This makes the hearing more personal, and often quicker, than many people expect.

The presiding judge discusses the entire dispute with both sides, “freely weighing up all the circumstances”, as the statute puts it. In other words: they listen to both positions, point out the strengths and weaknesses of each side’s arguments, and explore whether an amicable settlement is possible. A formal taking of evidence, with witnesses examined under oath, expressly does not take place at this stage – the conciliation hearing is not intended for that. It is about assessment and mediation, not about a judgment.

If a settlement is reached, the proceedings end that same day – frequently with provisions on the date of termination, severance pay, the reference or any remaining holiday entitlement. If no agreement is reached, the court sets a date for a contested hearing before the fully constituted chamber. If neither party attends the conciliation hearing, the court will as a rule order the proceedings to be stayed; either side may then revive them within six months.

Why your conduct at the conciliation hearing shapes everything that follows

Even though the conciliation hearing often lasts only a few minutes, it frequently sets the tone for the entire remainder of the proceedings. This is where the presiding judge forms a first impression of the case, and many disputes do in fact end at this stage with a settlement. That is generally sensible, because it saves time and stress – but only if the proposed solution genuinely reflects your interests. A settlement concluded under time pressure in the courtroom can rarely be undone afterwards.

That is why it pays to know, before the hearing, which demands are realistically enforceable and where compromise would make sense. As your solicitor, I prepare you for this, accompany you to the conciliation hearing at the Munich or Rosenheim Labour Court, and take over the negotiation with the other side, so that you do not have to face this crucial first turning point without legal support.

Whether you have already been summoned or are only considering bringing a claim: get in touch. In an initial consultation we clarify your starting position and the next steps – you can read more about my work in employment law here. The costs of representation are governed by the Lawyers’ Remuneration Act (RVG) or by your legal expenses insurance; we discuss this transparently in the initial consultation.

This article provides general information and is no substitute for legal advice in an individual case.

This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-07-14.

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