Alternative dispute resolution in employment claims
Alternative dispute resolution in employment claims

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Alternative dispute resolution in employment claims
  • Mediation
  • Judicial mediation in employment tribunals
  • Arbitration
  • The Acas arbitration scheme
  • Conventional arbitration
  • Negotiation
  • Conciliation
  • Early judicial assessment of employment tribunal cases

Alternative dispute resolution in employment claims

Alternative dispute resolution (ADR) is conventionally understood to include four methods of resolving disputes, other than litigation, namely:

  1. mediation

  2. arbitration

  3. negotiation

  4. conciliation

There are other, less well-used, forms such as:

  1. adjudication, popular in construction disputes, which is a statutory procedure intended to be quicker and more cost effective than litigation or arbitration. Mainly financial (but also other) disputes are decided within 42 days by an adjudicator whose decision is binding and enforceable through the courts

  2. mediation-arbitration, where the mediator acts as an arbitrator after his attempts to mediate have failed to resolve the dispute

  3. early neutral evaluation, where a judge or equivalent independent third party appraises a party's case and their prospects of success, to help them understand the court's likely reaction to their arguments

  4. mini-trial, where a neutral third party plus a senior representative from both parties act first as a quasi-judicial panel, hearing submissions from both sides and then as mediators, trying to direct the parties towards a just solution

Not all cases are suitable for ADR, particularly:

  1. complex cases

  2. multi-party cases

  3. where an important principle or point of law is involved

  4. where an urgent remedy, such as an injunction, is required

  5. where one party wants its ‘day in court’ and will not entertain the possibility of settlement

For further information on ADR generally, see Practice Notes:

  1. Comparison of forms

Popular documents