Conciliation

Question 1

What is conciliation?

Answer 1

Conciliation is identical to mediation, except:

• The parties won’t usually select and appoint a conciliator themselves
• Some conciliators prefer joint meetings
• The conciliator adopts an evaluative method
• The parties don’t have to agree to any recommended solution, but they can agree that any solution by the conciliator is binding

Question 2

WHAT SERVICE DOES ADVISORY, CONCILIATION AND ARBITRATION SERVICE (ACAS) PROVIDE?

Answer 2

• Deals with all types of employment issues
• The only difference between conciliation and mediation in ACAS is that conciliation is where an employee has made/may make a claim to an employment tribunal. Mediation is for workplace disputes with the aim or restoring and maintaining the employment relationship
• Conciliation is free

Question 3

How will ACAS conciliators act?

Answer 3

• ACAS Conciliators are only facilitative
• The parties can reach a settlement that the ET has no power to order
• If no settlement is reached, conciliation remains confidential
• It is not the Conciliator’s job to ensure the terms are fair to the parties

Question 4

What is mandatory Early Conciliation?

Answer 4

• It is mandatory to contact ACAS for Early Conciliation before presenting an ET claim
• Claimants complete an EC Notification form
• An ACAS conciliator contacts the parties
• For one month (starting on the date of request) the conciliator must endeavour to promote a settlement between the parties (can be extended once by agreement by up to 14 days)
• If settlement is not possible, ACAS must issue an EC certificate with a reference number
• The parties must present this number when issuing a claim at the ET
• If settlement is reached, the agreement is recorded on an ACAS form, signed by both parties
• This agreement is legally binding
• ACAS will then inform the ET that a settlement has been reached
• The limitation period for bringing such a claim is suspended during the EC period

Question 5

What are some other types of conciliation?

Answer 5

Post-claim conciliation

Can occur up to the date of the ET hearing

Collective conciliation

Talks between representative groups such as trade unions and employers

Family conciliation

Meeting at court with a neutral independent party from Cafcass

Helps to negotiate arrangements for children after separation/divorce