ABSTRACT

As this chapter has demonstrated in its examination of the existing and forthcoming statutory provisions, a revitalised emphasis, dating back to the Donovan ideals of the 1960s, is re-emerging in the form of so called EDR. Internal disciplinary hearings will have to meet renewed minimum standards in future, in order to ensure that they exist and are practised, as well as the focus being on internal conciliation prior to litigation. Alternatively, the application of ADR principles and schemes as methods of dispute resolution rather than litigation before tribunals is being encouraged and promoted by government. In Chapter 3, it is pointed out that this thinking is not new and consideration is given to Acas’s alternative scheme for ADR in unfair dismissal cases. In Chapters 4 and 5, the new EDR skills and legal processes required are presented.