Conciliation Definition

GLOSSARY

Published by a UU��ֱ�� Dispute Resolution expert

What does Conciliation mean?

a process similar to mediation in which the third party takes a more active role in putting forward terms of settlement or an opinion on the case. There is no international consistency over terms and mediation is increasingly being adopted as the generic term for third-party facilitation in commercial disputes

View the related checklists about Conciliation

Drafting checklist for claim or response—unlawful deduction from wages

Drafting checklist for claim or response—unlawful deduction from wages This Checklist sets out issues to consider when drafting an ET1 claim form or ET3 response form in relation to a claim for unlawful deductions from wages. For further guidance on deductions from wages generally, see Practice Note: Deductions from wages. See also Precedents: ET1 grounds of claim—unauthorised deduction from wages and ET3 grounds for resisting claim—unauthorised deduction from wages. Issue to consider Further guidance Was the claimant a worker? □ See Practice Note: Worker status and Checklist for assessing employment status Is the claimant in a category of worker excluded from the right to claim? □ See Practice Note: Deductions from wages—Definition of 'worker' What ‘wages’ is the claimant entitled to? □ See Practice Note: Deductions from wages—Definition of wages Consider payments expressly included in the definition, eg: —any fee, commission or other emolument referable to the employment (whether or not payable under the contract) □ —bonuses (including non-contractual bonuses, provided the claim is for...

Employment tribunal time limits checklist

Employment tribunal time limits checklist This Checklist sets out details of claims that may be brought in the employment tribunal, the relevant time limit for presentation of the claim, whether the requirement for early conciliation applies, whether the time limit is subject to an extension of time to allow for early conciliation to take place, whether the time limit may be extended at the employment tribunal’s discretion where it was ‘not reasonably practicable’ for the claim to be presented in time or where the tribunal considers it ‘just and equitable’ to do so. For further information regarding time limits for employment tribunal claims generally, see Practice Notes: • Time limits for presenting employment tribunal claims • Calculating and altering time periods in employment tribunal litigation, and • The early conciliation requirement In the table below: • # indicates that the requirement for early conciliation applies and the time limit is subject to an extension of time to allow for early conciliation, subject to any early conciliation exemption • *...

Class actions—Japan—Q&A guide

Class actions—Japan—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to class actions in Japan published as part of the Lexology Getting the Deal Through series by Law Business Research (Law stated at: 21 September 2021). Authors: Nagashima Ohno & Tsunematsu—Oki Mori; Mai Umezawa 1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought? Japan has no statutory class action legislation; however, Japanese law permits lawsuits filed by multiple plaintiffs. In addition, there exist special acts that permit particular organisations to represent the interests of consumers by bringing a claim as a plaintiff. Herein, we explain in detail the distinction between litigation carried out by a qualified consumer organisation (QCO) and court proceedings carried out by a specified qualified consumer organisation (SQCO), which are special litigation proceedings created to protect consumer interests that may be filed with any district court that has proper jurisdiction. Lawsuits filed by multiple plaintiffs When the number...

Specific public sector equality duties—England

Specific public sector equality duties—England The public sector equality duty (PSED) as defined and set out in Part 11 of the Equality Act 2010 (EqA 2010) comprises: • a general equality duty—the over-arching requirement or substance of the duty, supported by • specific duties that are intended to help performance of the general equality duty For background reading on the PSED, see Practice Note: Public sector equality duty. This Practice Note examines how the specific duties require public bodies to be transparent in how they are addressing the PSED, compelling them to: • publish relevant, proportionate information showing compliance with the PSED, and • set and publish specific, measurable equality objectives It must be remembered that the specific duties do not replace the general PSED. Public bodies subject to the specific duties must comply with the specific duties to assist in overall compliance with the general PSED. The specific duties help to monitor and demonstrate this compliance. Public authorities can thus be held accountable to their...

Discover our 277 Practice Notes on Conciliation

List of issues to be determined

List of issues to be determined In the employment tribunals Case no: [Insert case number] Between: [insert name of claimant] Claimant and [insert name of respondent] Respondent ____________________________ LIST OF ISSUES ___________________________ Equality Act 2010 claims—jurisdictional Issues Time limits 1 Have the Claimant's claims of [insert details of type of claim, eg disability] discrimination been brought within three months of the acts complained of, taking into account the effect of the ‘stop the clock’ provisions in respect of early conciliation? (EqA 2010, ss 123(1)(a) and 140B)) 2 In respect of the Claimant’s complaints which are based on the Respondent’s failure to do something, namely [insert details of complaints based on omissions], when is the Respondent to be treated as having decided those things? (EqA 2010, s 123(4)) 3 In respect of any complaints which are out of time, do they form part of a continuing act, taken together with acts which are in time? (EqA 2010, s 123(3)(a)) 4 If the complaints were not submitted in time, would it...

Settlement agreement (employment) (short form)

Settlement agreement (employment) (short form) This Agreement is made on [insert date] Parties 1 [Insert Employer’s name] whose registered office is at [insert Employer’s address], company registration number [insert Employer’s company number] (Employer); and 2 [Insert Employee’s name] of [insert Employee’s address] (you) the parties agree: 1 Termination of employment 1.1 Your employment with the Employer [will terminate OR terminated] by reason of [insert reason for termination] on [insert date] (Termination Date). 1.2 You [will be OR have been] paid your accrued basic salary (less deductions for income tax and primary class 1 (employee) National Insurance contributions (PAYE Deductions)) and [will have OR have] received your contractual benefits[, including a payment of £[insert amount] in respect of [insert number] days’ accrued but untaken holiday entitlement] [ [ and] including any relevant contributions to your personal pension scheme] (less PAYE Deductions) for the period up to and including the Termination Date via payroll in the normal way. 1.3 [Any sums due from you to the...

Dive into our 26 Precedents related to Conciliation

On a dismissal for redundancy, how can the employer make an employee agree to enter into a settlement agreement when paying their redundancy payment? How can the employer be protected from the risk of a potential discrimination claim if an employee refuses to sign a settlement agreement?

On a dismissal for redundancy, how can the employer make an employee agree to enter into a settlement agreement when paying their redundancy payment? How can the employer be protected from the risk of a potential discrimination claim if an employee refuses to sign a settlement agreement? This Q&A considers the contracting-out provisions, and the need for a settlement agreement, and how an employee might be incentivised to enter into a settlement agreement. Contracting-out provisions For information on settlement agreements generally, see Practice Notes: • How to use a settlement agreement in employment • Settlement agreements in employment—legal requirements • Settlement agreements in employment—practical and tax issues Like other employment legislation, the Equality Act 2010 (EqA 2010) includes 'contracting-out provisions'. Contracting-out provisions prevent the parties (or potential parties) to an employment tribunal claim from reaching an agreement that purports to settle the claim and, in so doing, purports to have the effect of ousting the jurisdiction of the employment tribunal to adjudicate upon the dispute. The contracting-out provisions...

Can a claim under the Agricultural Wages Order be waived under a settlement agreement? What are the tax implications of payment under the settlement agreement being made before the termination date?

Can a claim under the Agricultural Wages Order be waived under a settlement agreement? What are the tax implications of payment under the settlement agreement being made before the termination date? The response to this Q&A relates to England. Can a claim under the Agricultural Wages Order be settled? Almost all claims that may be brought in an employment tribunal derive from a jurisdiction created by statutory provisions. Each such set of statutory provisions will include a provision that prevents the parties (or potential parties) to an employment tribunal claim from reaching an agreement that purports to settle the claim and, in so doing, purports to have the effect of ousting the jurisdiction of the employment tribunal to adjudicate upon the dispute. These provisions are usually referred to as 'contracting-out provisions', and they appear in similar form in a wide variety of employment legislation. The contracting-out provisions work by imposing a basic rule that any agreement reached between persons that purports to prevent a person from...

See the 67 Q&As about Conciliation

Arbitration weekly highlights—12 December 2024

This week's edition of Arbitration weekly highlights includes: a decision from the English Commercial Court concerning whether a clause constituted an arbitration agreement or not, coverage of arbitration-related decisions from Malaysia, Singapore and India and updates from UNCITRAL, LCIA, SIAC, HKIAC, JCAA, ICC, ITA, IEL. and BCLP publishing its 2024 International Arbitration Survey. All this, and more in our weekly highlights.

What’s in a name—court clarifies emergency arbitration decision is an ‘Order’ and not an ‘Award’ (Ashok Kumar Goel and Vyoman India v EbixCash and others)

Arbitration analysis: The Bombay High Court allowed the petitioner’s interim relief application under section 9 of the Arbitration and Conciliation Act 1996 (Arbitration Act), directing the respondents to furnish an irrevocable bank guarantee for the sum of INR 145 crore. After an arbitral award, interim reliefs granted by the Delhi High Court, an emergency arbitration decision (EA Decision), and the arbitral tribunal’s order, the respondents’ failure to abide by the decisions led the petitioners to file the present application. The court recognized the distinction between an ‘award’ and an ‘order’ by rejecting the respondents’ contention that the EA Decision was an award that had to be enforced under Part II of the Arbitration Act. The court held that the objective of section 9 is to not defeat the purpose of arbitration but recognize party autonomy as the bedrock of arbitration. This decision sheds light on the binding nature of an emergency arbitration decision by classifying it as ‘order’ and the recourse available for interim relief even in international commercial arbitrations....

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