CONCILIATION as a method of alternative dispute resolution

Question 1

what is conciliation

Answer 1

use of a neutral 3rd party (conciliator) who facilitates discussion between parties in order to reach a compromise

Question 2

how is mediation and conciliation differ

Answer 2

conciliation is similar to mediation but conciliator plays and active role in assisting parties to resolve disputes

Question 3

what are some are some suggestions that may be made by conciliators

Answer 3

area for compromise and possible basis of settlement —> parties st’s have control over process and can withdraw at any given time

Question 4

can evidence be given in conciliation

Answer 4

conciliator cannot seek evidence or call any witnesses

Question 5

what type of disputes would conciliation commonly seen in

Answer 5

they are common in industrial (employment) disputes about pay & working conditions between employees & employers

Question 6

Advisory conciliation and arbitration services (ACAS)

Answer 6

helped many disputes where strike action has taken place & recent examples are pay disputes in 2020 by teachers & 2019 by air traffic controllers

Question 7

what happens before registering a claim with an employment tribunal

Answer 7

employee must allow ACAS to facilitate a settlement and ACAS can be involved throughout proceedings

Question 8

are the decisions made in Conciliation legally binding

Answer 8

they are not legally binding and it does not always succeed & and a court case may follow—> success relies on willingness of both parties to listen to conciliators