Alternative Dispute Resolution: New guidance released

Alternative Dispute Resolution (ADR) is a way of resolving disputes between parties without a full judicial hearing in a court or Employment Tribunal.

Judge Barry Clark, President of the Employment Tribunals, recently handed down guidance on the four types of dispute resolution applicable in the Employment Tribunal.

These are:

• ACAS services – which can result in settlement via COT3 (read more about them here)
• Judicial mediation
• Judicial assessment
• Dispute resolution appointment

The latter of these, a dispute resolution appointment, is the newest form of alternative dispute resolution and – unlike the others – is compulsory. If a judge orders the parties to attend a dispute resolution appointment, they must do so.

The appointments take place after the exchange of witness statements, so fairly late in the preparation of the case. This allows the judge to assess the claim before hearing and give views on the case itself.

Although the parties are compelled to attend, they are not compelled to settle the claim at the hearing. It is possible however that even if the matter is not settled there and then, with strong judicial guidance it could be settled soon after.

Often these forms of dispute resolution can save time and costs for all concerned, so can be a useful tool in the tribunal process.