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4th September 2009

This paper gives the Agency's response to the Department of Employment and Learning's consultation questions.

Revised January 2013

The Agency was given the power to introduce the Scheme by the Industrial Relations (Northern Ireland) Order 1992, as amended, and the Fair Employment and Treatment (Northern Ireland) Order 1998. Subsequently, the Scheme has been established by means of the Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2012.

You can use the Labour Relations Agency Arbitration Scheme to resolve an employment–related dispute (a “claim”) instead of going to a tribunal.

Arbitration

Arbitration involves an independent and impartial person called an arbitrator (acting alone or chairing a panel) being appointed by the Labour Relations Agency to make a decision on a dispute. This decision is based on the evidence presented by the parties to that dispute.

Collective Conciliation is facilitated or assisted negotiation where an Agency conciliator helps employers and employees (normally via trade unions) to try to reach mutually acceptable settlements of their collective disputes.

If someone has lodged a claim to the tribunal about their employment rights a copy is sent to the Labour Relations Agency.

We have a legal duty to offer Conciliation in most cases when someone has a complaint about their employment rights even if no claim has been made to the Tribunal service.

Mediation works by using a neutral Labour Relations Agency mediator to assist parties involved in a workplace conflict or dispute to reach a satisfactory solution to workplace disputes that both sides are able to agree to.