1: Concilation as a method of alternative dispute resolution Flashcards
What is conciliation?
Conciliation uses a neutral 3rd party who facilitates discussion between the parties in order to reach a compromise.
What is different between a mediator and conciliator?
The conciliator plays an active role in assisting the parties resolve their dispute unlike the mediator.
What does the conciliator do that the mediator doesn’t?
The conciliator will make decisions, such as areas for compromise and a possible basis for settlement.
What can the conciliator not do?
The conciliator cannot seek evidence or call witnesses.
Where is conciliation very common?
Conciliation is very common in industrial disputes about pay and working conditions between employers and employees.
What is the Conciliation service called?
The Advisory Conciliation and Arbitration Service (ACAS).
Before an employee registers a claim with the Employment Tribunal what must they allow?
The employee must allow ACAS to try and facilitate a settlement before registering a claim with the Employment Tribunal.
What disputes can conciliation be used to resolve?
Family disputes in the Family Division of the High Court.
Does conciliation always end in success?
No and a court case may follow. Success relies on the parties’ willingness to listen to the conciliator’s views.
Is the decision legally binding?
No
