Conciliation Flashcards
Conciliation
This is a form of ADR which uses a neutral 3rd party (the conciliator) who faciliates discussion between the parties in order to reach a compromise.
What is the difference between conciliation and mediation?
In conciliation the neutral 3rd party plays an active role in assisting the parties to resolve their dispute.
What does the coniliator do?
The conciliator will make suggestions, such as areas for compromise and possible basis for settlement.
Do the parties still have control over the process and can they withdraw at any time?
Yes
What can the conciliator not do?
They cannot seek evidence or call witnesses
In what areas of diputes id conciliation very common?
In industrial (employment) disputes about pay and working conditions between employees and employers
ACAS
Advisory Conciliation and Arbitration Service
What has ACAS helped with?
They helped to resolve many disputes where strike action has taken place, and recent examples are the pay disputes in 2019 by air traffic controllers, and in 2020 by teachers.
What must the employee alow before registering a claim with an Employment Tribunal?
They must allow ACAS to try to faciliate a settlement, ACAS can be invloved throughout the proceedings.
What else can Conciliation be used to resolve?
Family Law disputes in the Family Divisiom of the High Court, for example involving the custody of children
What happens if conciliation does not succeed?
A court case may follow
What does succes rely on in conciliation?
On the parties’ willingness to listen to the conciliator’s views
Is the desicion legally binding?
No
