President of ET issues new guidance on Alternative Dispute Resolution

17 August 2023

New guidance has been issued in relation to ADR by the President of Employment Tribunals. The guidance concerns the way in which Employment Tribunals in England and Wales give effect to their duty under rule 3 of the ET rules in regard to ADR.

The guidance compares the different types of ADR and seeks to distinguish the methods that are used. Employment Tribunals may encourage parties to resolve their disputes by any of the following;

1. Using the services of ACAS
2. Judicial Mediation
3. Judicial Assessment
4. Dispute Resolution Appointment

The guidance addresses the new form of ADR, Dispute Resolution Appointment, and discusses the need for such appointments. It is thought that the need arises due to the high number of discrimination and whistleblowing claims that have overwhelmed the Employment Tribunals in recent years where parties do not intend to engage in mediation or assessment.

This guidance has been influenced by past experiences of mediation via video/ telephone during the pandemic and succeeds the Presidential Guidance issued in 2018.

Please contact our employment team for more information here.