What Is Conciliation in Labour Law

Typical examples of the types of issues dealt with in the conciliation procedure are requests for improved conditions of remuneration or employment, disciplinary cases, classification problems, disputes arising from proposed changes in working methods, company restructuring, etc. The IRO shall treat as confidential all information it receives during conciliation. It will not disclose this information to third parties unless expressly authorized. Arbitration occurs when the union or university submits a request to the Ontario Ministry of Labour for the appointment of an arbitrator to act as a neutral third party to help the parties resolve their disputes. The parties may also make a joint application for the appointment of a conciliator. Conciliation: a procedure in which the parties jointly appoint arbitrators or conciliators to assist them in their attempt to settle amicably their labour dispute arising from a contractual relationship. Some of the issues that may be submitted to class arbitration are as follows: In the case of utilities that have received notice under section 22 of Act I D of 1947, the arbitration agent must necessarily conduct an immediate arbitration procedure to resolve disputes promptly. It has discretion with respect to non-public public services. The conciliation procedure ends as follows. The participation of a third party in a labour dispute between management and its employees to bring them together to resolve their disputes is called mediation or arbitration. It should be taken into account at all times that ownership of the dispute belongs to the parties themselves and that the settlement of a dispute is the result that the parties themselves decide voluntarily. It is therefore important that full preparation took place before the Conciliation Conference.

In support of this process, the following points should be taken into account: The conciliation process begins when one or all of the parties to the dispute write to the Industrial Relations Board to request assistance in resolving their labour disputes. The Commission responds positively to these requests and will contact all parties to confirm their wish to participate in the conciliation. The modalities of conciliation meetings shall not be determined until all parties have confirmed their willingness to participate in the proceedings. Before attending a conference, it is essential that each participant, as noted above, has a comprehensive understanding of the concept of conciliation and the procedure normally used during the conference. We offer a free conciliation service that helps parties involved in a labour dispute reach a legally binding solution without having to go to court. We offer both individual arbitration and class arbitration, for example when a problem affects a certain number of employees. The arbitrator – Industrial Relations Officer (IRO) – is an officer of the Labour Relations Board. All IROs come from an independent background in public law. They are experts trained and experienced in mediation and conciliation techniques. Recent changes in the global labour market have had an impact on traditional methods of establishing work. The place of rights-based adversarial disputes, such as labour tribunals or arbitration, is not controversial, but there is also a growing recognition of the value of effective consensus-based dispute resolution methods, including arbitration and mediation. Today, mediation plays an important role in how employers, employees and their representative organisations, including trade unions, find consensual solutions to common problems in the workplace, in the company and at different levels.

A mediation agent is generally appointed by the Minister as a neutral third party after the completion of the conciliation proceedings. The mediator actively seeks to support the parties by making suggestions, providing background information and indicating the means available to the parties for an agreement. In this blog post, Rajan S, a contract engineer at Amec Foster Wheeler Group who is currently pursuing a degree in Entrepreneurship Administration and Business Law from NUJS, Kolkata, writes about arbitration under the Labour Disputes Act. employees of employment dispute resolution agencies; employees of ministries of labour involved in the prevention and resolution of disputes; Employer and employee representatives, industrial relations experts and practitioners, labour lawyers An agreement reached through conciliation/mediation usually has benefits for all parties involved. First, it gives the parties to the dispute the opportunity to find a mutually beneficial solution to a dispute if negotiations have failed. In addition, an effective dispute resolution system that promotes consensual initiatives reduces both the costs and time associated with traditional methods of dispute resolution, whether through the courts, arbitration, or the use of strikes and lockouts. An effective system of conciliation/mediation therefore strengthens social peace while reducing the workload of labour courts. Judicial systems are then able to allocate their resources to a smaller number of cases, thereby increasing the quality of their activities without compromising employers` and workers` access to justice. Before the law was amended in NI to introduce early conciliation on January 27, 2020, we provided a “pre-claim conciliation” service when workplace issues were not yet present, but could result in a lawsuit in court. We offered arbitration to the parties involved to find a solution before a lawsuit was filed.

The intervention should not be premature or too late. The timing of the intervention may be chosen by the conciliator with due diligence. A settlement exists either when the parties themselves reach a mutually acceptable agreement at conciliation or when they accept a settlement proposal submitted to them by the IRO. As a general rule, the IRO will only make a proposal if it is satisfied that the negotiating teams will recommend its adoption. The IRO does not impose a proposal on the parties. The IRO may also adjourn the proceedings so that the parties can consider their position. Section 12 of the Labour Disputes Act 1947 provides for the functions of arbitration agents. Participants will have access to a dedicated e-learning platform where they will find recorded videos, reading materials, interactive resources, practical exercises and other online activities related to arbitration/mediation. The learning will be interactive and led by a tutor who will provide guidance and clarification on topics and activities.

Mediation involves a series of meetings, usually held on the same day, known as a mediation conference. The process begins with the IRO chairing a joint meeting of the parties, i.e. the employees and the employer and/or their representatives. It is an interactive process where two or more parties fight for different outcomes, but seek agreement by sharing information and adjusting their views/positions while protecting their interests as much as possible. .