Short for Advisory, Conciliation and Arbitration Service, ACAS is an independent, publicly-funded organisation aimed at improving employment relations.
The organisation, which also offers training and advice on employment-related issues, serves as an alternative, informal, cost-efficient, fast, and confidential employment tribunal. The organisation is completely voluntary and all of its proceedings are confidential and free.
Dispute Resolution
There are three ways ACAS helps to solve disputes. These are:
– Mediation
– Conciliation
– Arbitration
Conciliation
ACAS’s aim when it comes to conciliation is to help both parties reach a mutually-acceptable agreement. Before an aggrieved party can present their case against their employer to an employment tribunal for something like unfair dismissal, they are required to notify ACAS of their plans to lodge the claim.
ACAS then offers both parties the opportunity to use conciliation to try and resolve things without having to go to a tribunal. During conciliation, ACAS will:
• Take the time to establish the issues being disputed
• Allow both the aggrieved party and the accused to evaluate their positions
• Meet both parties separately in private to discuss matters
• Set up a meeting with both parties to deliberate the issues at hand
• Try and rebuild relations between the two parties
Any of the settlements reached through ACAS are legally binding.
Arbitration
Arbitration is different from conciliation in that the parties both agree to allow a third party to decide the outcome of a dispute beforehand and make awards where necessary. Unlike the court system and tribunals, ACAS avoids documentary processes, pleadings and witnesses.
Instead, the organisation tries to be more flexible and informal. With ACAS, there aren’t any strict rules when it comes to evidence. Rather than rely on legalistic procedures and legal precedent, ACAS tends to take into account good conduct and fairness.
ACAS’s Role
Its decisions are final and once awards are made, they are almost impossible to challenge. The role of ACAS during arbitration is to:
• Appoint an arbitrator(s) to decide the result of a complaint
• Provide administrative assistance to participants
• Examine error awards referred to arbitrators
Mediation
Mediation isn’t that different from arbitration – the only difference between the two is that no awards are made in mediation. Under mediation, ACAS mediators make recommendations to both parties and take on an active role in proceedings, assisting participants to reach resolutions.
In mediation, parties can choose to take the suggestions offered by the mediator or not. The mediator’s role during mediation is to identify the issues at hand, offer ideas that could help improve the situation and to guide both parties through the process. When guiding parties, ACAS mediators normally:
• Speak to both parties separately to establish the problem
• Help parties think about their decision and the result they want
• Encourage both parties to view things from the other party’s perspective
• Make recommendations on how to improve the situation
The Advisory, Conciliation and Arbitration Service’s day-to-day operations are managed by a Chief Executive and a board consisting of the organisation’s regional and national directors.
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