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Is there a role for ADR in employment disputes? An in-depth view

15 May 2018 | Insight

This report from our Global Pound Conference series puts the use of ADR in employment disputes under the microscope.

In the article here, the Herbert Smith Freehills employment team consider the relevance of the GPC data in the context of employment disputes in the key jurisdictions of Australia, France, Germany, Spain and the UK. We discuss the availability - and pros and cons - of various ADR methods for employment issues in those jurisdictions. One of our London partners, Peter Frost, and Paul Goulding QC of Blackstone Chambers co-chaired various reports on this issue by the Employment Lawyers Association's Arbitration and ADR Group, and the article also reflects on those findings.

What is clear is that there is not only an existing role but, particularly in our European jurisdictions, the potential for a bigger future for conciliation, mediation and arbitration in employment cases. Greater familiarisation with the options available will assist, although legislative change may also be necessary.  If you are interested in discussing the use of alternative methods for resolving employment disputes, whether that be introducing a workplace mediation scheme or exploring options for resolving an ad hoc dispute, please do get in touch. 

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