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Presidential Guidance on Alternative Dispute Resolution

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The President of Employment Tribunals (E&W), Judge Barry Clark has today issued new Presidential Guidance on Alternative Dispute Resolution.

It compares and contrasts the four types of ADR available in employment tribunals: using the services of ACAS; judicial mediation; judicial assessment; and a dispute resolution appointment.

The ‘dispute resolution appointment’ is a relatively new form of ADR intervention, following a pilot, which takes place late in the proceedings (after exchange of witness statements). It allows a more informed evaluation of the merits of the case to be given by the judge. Importantly, it is non-consensual. If the tribunals orders the parties to attend a dispute resolution appointment, they must do so. That does not, of course, mean they can be compelled to settle.

The Guidance is followed by three protocols, explaining how the different types of tribunal ADR work.

It is unusual for me to recommend that anybody involved in tribunal litigation should definitely read something. I do so maybe once a year, at most. But this is such a document. I strongly recommend you read it, if you spend any time at all in tribunal litigation.