Conciliation Flashcards
1
Q
What is conciliation?
A
Conciliation is identical to mediation, except:
- The parties won’t usually select and appoint a conciliator themselves
- Some conciliators prefer joint meetings
- The conciliator adopts an evaluative method
- The parties don’t have to agree to any recommended solution, but they can agree that any solution by the conciliator is binding
2
Q
WHAT SERVICE DOES ADVISORY, CONCILIATION AND ARBITRATION SERVICE (ACAS) PROVIDE?
A
- Deals with all types of employment issues
- The only difference between conciliation and mediation in ACAS is that conciliation is where an employee has made/may make a claim to an employment tribunal. Mediation is for workplace disputes with the aim or restoring and maintaining the employment relationship
- Conciliation is free
3
Q
How will ACAS conciliators act?
A
- ACAS Conciliators are only facilitative
- The parties can reach a settlement that the ET has no power to order
- If no settlement is reached, conciliation remains confidential
- It is not the Conciliator’s job to ensure the terms are fair to the parties
4
Q
What is mandatory Early Conciliation?
A
- It is mandatory to contact ACAS for Early Conciliation before presenting an ET claim
- Claimants complete an EC Notification form
- An ACAS conciliator contacts the parties
- For one month (starting on the date of request) the conciliator must endeavour to promote a settlement between the parties (can be extended once by agreement by up to 14 days)
- If settlement is not possible, ACAS must issue an EC certificate with a reference number
- The parties must present this number when issuing a claim at the ET
- If settlement is reached, the agreement is recorded on an ACAS form, signed by both parties
- This agreement is legally binding
- ACAS will then inform the ET that a settlement has been reached
- The limitation period for bringing such a claim is suspended during the EC period
5
Q
What are some other types of conciliation?
A
Post-claim conciliation
Can occur up to the date of the ET hearing
Collective conciliation
Talks between representative groups such as trade unions and employers
Family conciliation
Meeting at court with a neutral independent party from Cafcass
Helps to negotiate arrangements for children after separation/divorce