What Is ACAS And What Do They Do?

Dispute Resolution

There are three ways ACAS helps to solve disputes. These are:

– Conciliation
– Arbitration
– Mediation

What is Conciliation?

ACAS’s conciliation aim is to help both parties reach a mutually acceptable agreement. If you want to take your employer to an employment tribunal, for example, for unfair dismissal, you must first tell ACAS that you plan to make a claim.

ACAS then offers both parties the opportunity to use conciliation to resolve things without going to a tribunal. During conciliation, ACAS will:

• Establish the issues being disputed
• Give both sides a chance to understand where they stand
• Speak to each side privately to hear their concerns
• Arrange a joint meeting to talk things through
• Help both sides move forward and repair the working relationship

Any agreement made through ACAS is legally binding. Both sides must stick to it.

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What is Mediation in Law?

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. They 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, 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 of the organisation’s regional and national directors.

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