(Solution) New 5HR01 (AC2.3) Distinguish between third-party conciliation, mediation and arbitration
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| (AC2.3) Distinguish between third-party conciliation, mediation and arbitration.
Short references should be added into your narrative below. Please remember to only list your long references in the reference box provided at the end of this section. Word count: Approximately 400 words |
| The UK’s Advisory, Conciliation and Arbitration Service (Acas, 2022) provides guidance on three key ADR approaches: The UK’s dispute resolution organisation Acas promotes conciliation mediation and arbitration as separate ADR methods. ADR techniques make disagreements easier to handle for both workforce members and their employer at work so legal expenses and job performance stay strong.
Third-Party Conciliation Conciliation is a voluntary process where an independent conciliator assists disputing parties in finding a mutually agreeable solution. Unlike mediation, conciliation often involves more active guidance from the conciliator, who may propose solutions rather than just facilitating discussion. This method is commonly used in cases involving employment rights disputes, such as unfair dismissal or discrimination claims, before they escalate to an employment tribunal. For example, ACAS helps workers take early steps towards resolving legal problems through its settlement programmes. A conciliator works with both sides to find a resolution which stops a tribunal hearing from taking place (ACAS, 2022). Using this technique brings positive results when work rules or legal obligations need clarification to solve workplace conflicts.
Mediation A neutral third-party mediator works with conflicting parties in private sessions to create an environment where they solve their own issues without formal rules and guaranteed privacy. During mediation sessions mediators help parties speak their minds to find common solutions instead of proposing answers. Mediators succeed at resolving personal conflicts between workplace colleagues and managers and employees (CIPD 2022). A mediator can facilitate better work relationships when two employees disagree to the point both teams suffer low morale. This system helps people communicate better and keeps small problems from getting serious. Arbitration In formal mediation parties present evidence to an unbiased arbitrator who decides their case and renders either final or non-final results. The system works like court proceedings yet runs faster, cheaper, and offers privacy to participants. Trade unions and employers use arbitration to solve their disputes spanning wage discussions and work policies (Source: Mondaq.com, 2019). When a trade union and employer cannot settle wage differences they both accept an arbitrator’s final decision. In response to the input provided by both sides the arbitrator creates an enforceable ruling to avoid work stoppages. Key Differences Each approach exists to solve conflicts yet remains different in how parties work together and what results from the process. While conciliators may support parties toward agreement during mediation both processes rely only on voluntary settlement decisions. In arbitration parties receive a legally enforceable outcome. The selection of these processes depends mainly on the type of conflict, how much parties want to negotiate, and whether a fixed ruling is needed. |
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