What is mediation/conciliation?

Mediation is the process whereby the JIB will seek to resolve a dispute between the employer and the employee with, if appropriate, the involvement of their respective representatives. The JIB’s role is very proactive. It differs slightly from acas in that its primary role is mediation rather than conciliation.

Generally speaking, conciliation is whereby cases are discussed and settlements reached by telephone. This is particularly useful where cases are fairly straightforward or where, for example, the amounts being claimed are fairly low and, perhaps for economic reasons including management time, a settlement suits the needs of the business.

Due to the complexities of legislation and the nature of cases brought into the Disputes Procedure this is actually becoming rarer.

The JIB prefers the mediatory route. Meetings are arranged and conducted at a suitable convenient location e.g the Company’s office or a hotel and discussed in a structured but informal manner with everybody present.

There are many reasons for this. For example it makes the process more personal and it is easier to conduct the fact finding exercise in order to gauge the merits of the case. The Parties are actively involved in person rather than solely through representatives.

Additionally it is easier to gain momentum and ask questions as issues arise which, by playing devil’s advocate, can get to the heart of the issues.

The aim of mediation is to compromise and reach a settlement which both parties are happy with – it is not a case of one side winning and the other losing.

The JIB National Officers are experienced in both mediation and conciliation and take a proactive role in attempting to resolve disputes due to their experience of employment legislation (particularly where Unfair Dismissals are concerned) and the JIB National Working Rules.

Mediation and conciliation are most effective where the employee is represented by the Union and the employer is represented by the ECA. However, this is not compulsory and if one side is not represented, the JIB, in any event, takes a neutral role.