conciliation

Question 1

advantage: speed and convenience

Answer 1

• quicker than civil courts, meet as soon as party agrees on date
  -neutral venue and and time agreed upon

Question 2

advantage: informal

Answer 2

less formal than courts, fewer formal procedures or complicated rules of evidence

Question 3

advantage: expertise

Answer 3

use specialist as mediators eg ACAS ( advisory conciliation and arbitration service) experts in areas and can help people understand

Question 4

advantage : privacy

Answer 4

conducted in private and not publicised in media, important for public disputes

Question 5

disadvantage: imbalance of power

Answer 5

one party may have more/less financial power, may bully/ be bullied into coming to an agreement

Question 6

disadvantage: lack of legal expertise

Answer 6

mediators may not be legally trained yet have valid points of law

Question 7

disadvantage: enforceability

Answer 7

unless parties have made agreement legally binding, cannot enforce it

Question 8

disadvantage: 20% reach no agreement

Answer 8

where parties views entrenched, conciliation wastes time and money

Question 9

key info

Answer 9

counsellor takes pro active approach
make suggestions for settlement
actively comment on process- neutral third party
legal advisor present- no need to meet face to face
decisions can be made legally enforceable

Question 10

what is ACAS

Answer 10

Advisory conciliation and arbitration service operates scheme for industrial disputes, provide an expert for employment disputes