Flashcards in Mediation and conciliation Deck (7)
What is MEDIATION?
Most common process of ADR and can be undertaken at any time (before and after court proceedings)
Meeting between parties in the presence of independent appointed mediator who is there to facilitate a resolution
Process is quick, cost effective and can preserve business relationships and has proved to be frequently successful
Often used after informal discussions have not reached solution
Mediation = voluntary and mediator cannot force you / other party to accept solution
Mediation should not be used to solve problems that have to be formally investigated (for example, harassment / discrimination).
Usually quicker than taking legal action, often lasting less than one day and almost always less expensive and stressful
What are the advantages of MEDIATION?
Mediation = more cost-effective than Court
Can save time; a resolution can be reached within 3 months and with fewer sessions than if you were to go to court
Mediation = private and confidential (which you may require if working a high profile job)
What are the disadvantages of MEDIATION?
There are no guarantees of success
Reliant on cooperation between both sides; if one side refuses to do so, then mediation may not work for you
What is CONCILIATION?
As per mediation but third party will provide a non-binding settlement proposal
Similar to mediation but is normally used when:
- you believe you may be entitled to make a claim to an employment tribunal
- you have already made a claim to an employment tribunal
Conciliation = voluntary - both you and your employer must agree to it before it happens.
What are the advantages of CONCILIATION?
Conciliator = normally a legal expert in the disputed field
Process = private so no risk of damage to reputation
Parties reserve the right to go to court if they are not happy with outcome
Process = flexible with a time and date set to suit the parties
Cheaper than taking the dispute to court
What are the disadvantages of CONCILIATION?
Process is not legally binding
No decision is guaranteed at the end
Process could be considered too informal so parties may not take it seriously
No legal aid