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Conciliation and Mediation

Conciliation is a VOLUNTARY process whereby a neutral third party facilitates negotiations between the parties to a dispute and assists them to reach a settlement

The same as mediation (virtually)

The Process

Confidential and 'without prejudice'

voluntary

either party can withdraw from it at any time

Conciliator has no power to impose a solution

Differences to mediation: parties will usually appoint and select a conciliator themselves. Some conciliators will prefer to use just joint meetings, may be more active in putting forward proposals for consideration of parties, can agree that any solution put forward is binding on them

An agreement reached in conciliation can be enforced in the same way as other ADR processes

ACAS (Advisory, Conciliation and Arbitration Service)

deals with all types of employment issues

offer conciliation and mediation services

conciliation is the term used to describe the ADR process if an employee has made or may make a claim to an employment tribunal

Mediation is used to resolve workplace disputes with the aim of restoring and maintaining the employment relationship between the parties.

From 6 May 2014, the Enterprise and Regulatory Reform Act 2013 - mandatory requirement for prosepective claimants to contact ACAS for Early Conciliation of the dispute before presenting a claim to the tribunal. Some Exceptions.

Claimants make the request by completing the Early Conciliation Notification Form (ACAS website). ACAS conciliator contacts parties and seek agreement to process. For a period of one calendar month, starting on date of request, the conciliator must endeavour to promote settlement. Can be extended by agreement, must not exceed 14 days. If not possible to settle, ACAS must issue an Early Conciliation certificate - sent to parties, unique reference number. Claimant must provide number at tribunal. If settlement reached - recorded on ACAS form, signed by both, legally binding. ACAS inform tribunal.

Also offer post claim conciliation, can occur up to date of tribunal.

It is not the function of the conciliator to ensure settlements are fair or to advise parties about merits of case (Clarke v Redcar & Cleveland Borough Council [2006])

Collective conciliation is used to describe talks between representative groups such as trade unions and employers

Negotiation

Preparation for Negotiation

CONC and MED

NEGOTIATION