Tribunals &ADR

Question 1

What is a tribunal?

Answer 1

A body established to settle certain types of dispute

Question 2

Employment Tribunals: the role of ACAS

Answer 2

• Advisory, Conciliation and Arbitration Service (ACAS)
• Within 30 days of dispute arising must contact ACAS to attempt to
resolve dispute

Question 3

Who is negotiation by?

Answer 3

Parties themselves

Question 4

Who is involved in mediation

Answer 4

Parties with the help of a 3rd party

Question 5

Who is involved in conciliation?

Answer 5

Parties with the help of a third party who actively suggests solutions

Question 6

Who is involved in arbitration

Answer 6

Parties agree to let a 3rd party make a binding decision

Question 7

Negotiation (depth)

Answer 7

• Least formal and easiest way to resolve a dispute (literally means talking to each other)
• When can it happen? Usually right at the start of the dispute, well before a letter of claim, between the individuals or business involved
• HOWEVER: it is possible, and encouraged, to negotiate at ANY STAGE in the dispute.

Question 8

Mediation (depth)

Answer 8

• A neutral third party helps the parties reach a settlement
• The mediator looks at the merits (chances of succeeding) of each parties’ case BUT will
  only give their opinion if asked to do so
• The mediator’s job is to facilitate (help bring about) an agreement
• To be successful, both parties must actively participate and WANT to reach agreement
• Commonly used in large, high value commercial disputes (business v business)

Question 9

Conciliation (depth)

Answer 9

• similar to mediation, but with a more active role for the third party
• Third party is neutral
• Third party discusses the issues in dispute with both sides and suggest where they can compromise
• Third party will come up with a non-binding opinion (parties do not have to accept it)

Question 10

Arbitration (depth)

Answer 10

• The most formal type of ADR; more closely resembles the civil court process
• Key difference to a court hearing - it will be held in private
• Both parties have to agree to use arbitration to resolve their dispute
• Key difference to the 3 other forms of ADR - a decision at arbitration is binding. Parties can not ignore the decision and decide to use the court system instead