conciliation Flashcards
what is conciliation
An interactive process where an impartial third party helps the parties to resolve a dispute by suggesting suitable outcomes.
what is the role of a conciliator
In Conciliation there is a Third Party Conciliator, who’s role is very similar to that of a mediator but the only difference is that a Conciliator CAN and WILL give advice to the parties and suggest what terms they should agree to in order to encourage an outcome.
what is the process (pretty simple don’t over complicate)
The parties agree to meet with a conciliator at a specific appointment time (sometimes via conference call or in person)
The parties and the conciliator sit together and discuss their issues
The conciliator will suggest ideas to resolve the issue and the terms that the parties should agree to
If the parties agree to those terms, they can sign a legally binding agreement
However, if they do not agree, no decision is made and parties issue remains unresolved
what types of cases does conciliation deal with (2)
check over this flashcard
Industrial Disputes / Employment Issues (employer & employee)
ACAS = Advisory, Conciliation and Arbitration Service
do they have to pay
Conciliator fee may be payable, which is usually an hourly rate (but ACAS is usually free)
where does this take place
in a private and neutral location – this is usually a conciliators offices, which can help the parties to feel more relaxed as they are not on the “territory” of the other party.
legally binding if…
Legally Binding IF parties agree to Conciliator’s suggestions
Parties can decline to sign an agreement which leaves them without a remedy and they may still need to go to court afterwards
