Explain conciliation as method of ADR (8 marks).

Question 1

What is conciliation?

Answer 1

• Uses third party who facilitates discussion between parties to reach compromise.
• Similar to mediation, yet conciliator plays active role through suggestions and areas to compromise.
• Parties can withdraw at any time.
• No witnesses or evidence involved.

Question 2

Who oversees Conciliation?

Answer 2

• Very common in industrial disputes such as pay and working conditions.
• Advisory Conciliation and Arbitration Service (ACAS) helped to resolve disputes where strikes taken place. Like teachers in 2020.

Question 3

What’s the pre-trial procedure? + Results

Answer 3

• Employee must allow ACAS to try facilitate a settlement. Involved throughout proceedings.
• Can resolve family disputes in Family Division / High Court.
• Does not always succeed.
• Not legally binding.