ABSTRACT
When to consider using the Scheme 17. Generally it is better if the parties, or their representatives, can resolve
the dispute between them through internal procedures (where these exist), by negotiating directly with each other, or with the help of an ACAS conciliator. When it is clear that none of these ways is likely to resolve an unfair dismissal claim, the parties may wish to consider using arbitration as an alternative to going to an employment tribunal hearing. Each of these methods has different features, and neither one is 'better' than the other. Each party should make themselves aware of the features of each method, so that they can decide which one they would prefer to use. However, as arbitration is voluntary, both parties have to agree to go to arbitration before the Scheme can be used. A comparison of the areas where there are significant differences between the approach adopted by employment tribunals and the one used in arbitration is at Appendix 1.
