How does it operate?
Mediation/conciliation is voluntary and is entirely dependent upon the willingness of the Parties to enter discussions. The JIB National Officer does not make a decision or make a judgement but is there to assist the Parties to reach a settlement. There is no pressure on either side to settle a case and there is no financial incentive for the JIB or the National Officer if cases are settled. It exists as a service to the Industry. Either party can withdraw from the proceedings at any time (however, this has never been known to happen due to the respectful willingness of the parties to appreciate the other side’s case.)
The procedure, which has been in operation for over 40 years, involves the JIB National Officer chairing the meeting with the parties present. The case is fully discussed in a flexible and informal manner and the facts are established. Following this the JIB National Officer discusses the case with each party separately and, through these discussions, tries to reach a settlement. It should be noted that not all settlements are financial; indeed represented individuals have withdrawn cases following mediation meetings.
Sometimes settlements involve matters such as the provision of a reference, which are outside the remit of a Dispute Committee or an Employment Tribunal.