Advisory Mediation

Advisory mediation enables the Employment Services Centre (ESC) to work jointly with employers, employees and employee representatives to help overcome problems which threaten to damage the employment relationship or which constitute a major obstacle to organisational effectiveness.

The ESC

• Acknowledges all requests for assistance within five working days;



• Discusses fully the nature of the problems and what help might be provided and, where appropriate, is ready to suggest alternative sources of assistance;



• Explains its role and working methods and agrees clear terms of reference;



• Provides advisory mediation only when there is joint participation of the employer, employees and/or their representatives.

Collective Conciliation

This is a voluntary process whereby employers, trade unions, and worker representatives can be helped to reach mutually acceptable settlements of their disputes through an impartial and independent third party.

Within this process of conciliation the ESC:

• Offers assistance where no request has been made, but where it is considered appropriate;
  
  
• Provides appropriate assistance for as long as a dispute continues;



• Explains to the parties that they alone are responsible for their decisions and any agreements reached.

Arbitration and Mediation in Disputes

In arbitration, the opposed parties jointly request a third party to make an award, which they undertake to accept in settlement of a dispute. Mediation involves the third party making recommendations as a basis for settlement. The Employment Services Centre will normally agree to arrange arbitration or mediation only when it has not been possible to produce a conciliated settlement.

In either process the ESC:

• Maintains a panel of independent, impartial and skilled arbitrators and mediators from whom appointments are made;



• Assists parties to agree clear terms of reference for arbitration or mediation;



• Explains to parties that arbitration is to settle the issue between them and they are committed to accepting an award;



• Provides parties with a nominated arbitrator/mediator and details of any hearing arrangements within five working days;



• Arranges for reports and awards to be provided simultaneously to both parties within three weeks of the hearing.

Resolving Individual Disputes

The Conciliation Officers have a statutory duty to attempt to conciliate settlements of disputes where complaints have been or could be made to a tribunal under the law. Conciliators offer to assist both parties involved in a dispute to reach a voluntary settlement without going to a tribunal hearing.

An officer:

• Writes to or telephones applicants and (as necessary) respondents, or their named representatives, giving information about the conciliation process together with a named contact and an offer to conciliate;



• Keeps the parties informed about the options open to them and their possible consequences whilst not expressing an opinion on the merits of a case;



• Seeks to promote reinstatement or re-engagement, if the complaint is of unfair dismissal, before any other form of settlement;



• Does not disclose information, given to a conciliation officer in confidence, to any other party unless required to do so by law;



• Encourages the parties to consider the consequences of proposed settlement terms and to seek further advice if necessary;



• Encourages the parties to record the terms of a settlement in writing as quickly as possible.