Explain Conciliation As A Method Of ADR Flashcards
What is conciliation in alternative dispute resolution?
Conciliation uses a neutral third party (the conciliator) who facilitates discussion between the parties to reach a compromise.
How does conciliation differ from mediation?
In conciliation, the conciliator plays an active role in assisting the parties to resolve their dispute.
What role does the conciliator play?
The conciliator makes suggestions, such as areas for compromise and a possible basis for settlement.
Do the parties have control over the conciliation process?
Yes, the parties have control over the process and can withdraw at any time.
Can the conciliator seek evidence or call witnesses?
No, the conciliator cannot seek evidence or call witnesses.
In what context is conciliation commonly used?
Conciliation is very common in industrial disputes about pay and working conditions between employees and employers.
What is the role of ACAS in conciliation?
The Advisory Conciliation and Arbitration Service (ACAS) helps to resolve disputes, particularly before registering a claim with an Employment Tribunal.
What must an employee do before registering a claim with an Employment Tribunal?
The employee must allow ACAS to try to facilitate a settlement.
Is conciliation used in family law disputes?
Yes, conciliation is used to resolve family law disputes in the Family Division of the High Court.
What is the outcome if conciliation does not succeed?
If conciliation does not succeed, a court case may follow.
Is the decision made in conciliation legally binding?
No, the decision is not legally binding.
