Alternative Dispute Resolution (ADR) describes a number of different processes designed to bring about a settlement without having to go to court.

Pre-claim conciliation, offered by ACAS, is one form of ADR. Even if proceedings have started, ACAS can still act as a conciliator.

Mediation is another. The parties appoint an independent, neutral third party, who has been trained in mediation, to work with them to try and achieve a settlement.

Mediation is sometimes available through the employment tribunals themselves. It will be conducted by an employment judge and is called ‘judicial mediation’. There is now a fee for judicial mediation of £600, which the employer is expected to pay.

Employers and Employees who are in dispute could also seek arbitration to resolve their differences, or could negotiate direct.