Conciliation

What is Conciliation?

Conciliation is a voluntary process in which a professional facilitator assists employers and employees to resolve disputes when their own unassisted efforts have not succeeded. The process can be described as a facilitated search for agreement between disputing parties.

How does it work?

The Workplace Relations Commission assigns a conciliator, known as an Industrial Relations Officer (IRO), who acts as an independent, impartial chairperson in discussions and negotiations teams. The task of the IRO is to assist the parties in their efforts to reach a mutually acceptable settlement to their dispute.

Who can use the service?

The service is available to all employees and employers except those specifically excluded by law. However, even in these cases the service may be made available on an ad hoc basis where all parties request assistance and where such facilitation can be accommodated.

What types of disputes can be referred to conciliation?

Typical examples of the types of issue dealt with in the conciliation process include claims for improvements in pay or conditions of employment, grading issues, disputes arising from proposed changes to the way work is done, company restructuring etc.

What happens in conciliation?

Conciliation involves a series of meetings that usually take place on the same day, categorised as a conciliation conference. The process starts with the IRO chairing a joint meeting of the parties, i.e. the employees and the employer and/or their representatives. This is an interactive process involving two or more parties contending for different outcomes but seeking agreement by sharing information and adjusting their views/positions while, as far as possible, preserving their interests.

The joint meeting enables the IRO to hear the views of each party to the dispute and to clarify any issues of historical fact relating to the issue(s) in dispute. The IRO usually then meets separately with each party. The separate meeting with each party enables the IRO to explore the possibility for agreement on proposals to resolve the issue in dispute.

The IRO treats as confidential all information received during the course of the conciliation process. They will not divulge this information to any other party unless expressly permitted to do so.

Who is the Conciliator?

The conciliator - an Industrial Relations Officer (IRO) - is an officer of the Workplace Relations Commission. They are trained and experienced experts in mediation and conciliation techniques.

Does the Conciliator control the process?

The employer and employee representatives retain control of the issues in dispute during the conciliation process. The Workplace Relations Commission never imposes an outcome on them. Settlement of a dispute is an outcome that the parties themselves voluntarily agree. Likewise, where the parties do not resolve their dispute at conciliation, that is also their decision.

Can I have legal representation?

The conciliation process is informal and non-legalistic in its practice. The parties are free to represent themselves or be represented by trade unions or by employer organisations. The Workplace Relations Commission does not believe that the nature of the process requires legal representation of any party at conciliation conferences.

What is the difference between conciliation and mediation at the Workplace Relations Commission (WRC)

Both mediation and conciliation at the WRC are voluntary, confidential processes in which a professional WRC facilitator assists employers and employees to reach agreement in a workplace dispute/conflict.

Conciliation is used mainly for collective disputes usually affecting a group of workers, although it may be made available to individual workers. Workers at conciliation are usually represented by a Trade Union. Agreements reached at conciliation are voluntary in nature.

The WRC Mediation Service provides two forms of mediation:

1. Pre-Adjudication Mediation is provided by the WRC for individual employment and equality rights complaints which have been referred to the Adjudication Service of the WRC. If a settlement agreement is reached at mediation, the complaint is deemed to be resolved, and the matter will not be referred for adjudication. These settlement agreements are legally binding on both parties.
2. Workplace mediation is provided where an interpersonal conflict exists within a workplace and the parties to the dispute have indicated a willingness to engage in mediation. It has no statutory basis however if a written agreement is reached and signed by the parties, that agreement may be subject to standard contract law as with all contractual agreements.

Parties may represent themselves at mediation or they can choose to be accompanied by a representative who may be a trade union representative; a legal representative; a representative body for employers or a HR professional.

 How do I begin a conciliation process?

The process of conciliation begins when one or all disputing parties contact the Workplace Relations Commission requesting assistance in resolving their industrial relations dispute. This can be done by using our online form on our website www.workplacerelations.ie or by emailing conciliation@workplacerelations.ie. In urgent situations, Industrial Relations Officers may be contacted by phone with a request for conciliation.

Where there is a dispute of national importance, and no request for conciliation has been received, the Commission may sometimes intervene and invite both parties to conciliation. As a matter of general policy, the Commission does not provide conciliation in unofficial industrial disputes.

Arrangements for conciliation meetings are finalised only when all parties confirm their willingness to participate in the process. Participation is entirely voluntary.

What information should I give to the WRC when requesting conciliation?

You help the WRC to speedily process your request when you include the following information in your application for assistance:

• Name of employer, the employer's address, phone number and email address
• Name of the employer's representative (if any), phone number and email address
• Name of the trade union(s) involved (if any), the name of the trade union official(s) involved, phone numbers and email addresses
• Names of other union(s) or parties involved (if any), phone numbers and email addresses
• The number and category of employees involved
• The nature of the issue(s) in dispute
• The location of the workers involved in the dispute

How do I prepare for conciliation?

Before attending a conference, it is vital that each participant has a full understanding of the concept of conciliation and the procedure which is normally followed during the conference.

It should at all times be borne in mind that ownership of the dispute lies with the parties themselves and indeed settlement of a dispute is an outcome that the parties themselves voluntarily agree. It is therefore important that full preparation has taken place prior to the conciliation conference. To assist, consideration should be given to the following points:

• Local discussions should have taken place and efforts to resolve the matter should have been exhausted at local level, where possible
• All of the parties should be willing to participate in the process
• For the process to succeed there should be flexibility of position on the part of the disputing parties
• There must be a willingness of the parties attending to negotiate and to reach a resolution acceptable to both sides
• The parties should have a desire to resolve the issues in dispute
• All parties should have a workable mandate to negotiate on the issues involved
• All of the parties and representatives should have a clear understanding of the issues in dispute
• It may be an advantage for each of the parties to have identified possible solutions to the dispute in advance of the conference
• All relevant information should be researched by both sides and be available at the conference. It may also be an advantage if persons with expertise in specific areas attend the conference
• Full consultation should have taken place with relevant parties, bodies or organisations relating to the issues in dispute
• The parties should be willing to openly discuss all aspects of the case with the IRO. The IRO treats as confidential all information received during the conciliation process and will not divulge this information to the other side unless expressly permitted to do so
• The parties' negotiating teams should be willing to recommend agreed settlement proposals for acceptance by the groups they represent.

How much does it cost?

Conciliation is a public service and is free to users. 

Do I have to travel to Dublin for conciliation?

Conciliation is provided on a country-wide basis. The Commission makes every effort to arrange meetings at a location close to the parties. Where parties are located near Dublin, conciliation is provided in the WRC Head Offices, Lansdowne Road, D04 A3A8. The Commission also provides conciliation services from its offices in Cork city and Ennis, Co Clare. In cases where the parties are located some distance away from WRC Offices, the parties will be asked to provide a venue for meetings.

How quickly will a date be confirmed for conciliation?

The Commission will endeavour to arrange a conciliation conference at a time and location to suit the convenience of the parties. It is helpful to the process of arranging conciliation at an early date if parties accept the earliest dates offered by the Commission. It is frequently at this stage that delays occur that are outside the control of the Commission.

Other potential causes of delays include:

• insufficient details in the initial referral
• delays by parties in responding to invitations from the Commission to conciliation
• refusal by parties of earliest dates offered for conciliation, and difficulties in agreeing early dates suitable to both parties
• no proper local discussions in advance of conciliation, necessitating referrals back to local talks
• failure to prepare properly for conciliation, or to engage on the issues at conciliation, necessitating adjournments and reconvened conferences.

If you are concerned about an apparent delay in any case you refer to conciliation, please contact conciliation@workplacerelations.ie for information in the matter. Industrial Relations Officers are also available if required.

Do I need to provide a written submission in advance of conciliation?

The conciliation process is informal and non-legalistic in its practice. While the Commission expects parties to be well prepared in advance of a conciliation conference, written submissions are not required. You may wish to bring documentation such as previous agreements, circulars, or correspondence that support your position. Any data that you think would be useful in advancing discussions should also be considered. The lead spokesperson from each party will be invited to speak to their party’s position during joint session. It is the Commission’s experience that this is most effectively communicated orally.

Can I take notes with my laptop or record the conciliation for note taking purposes?

Conciliation is conducted in private and all discussions in the conciliation process are confidential. To preserve the integrity and confidentiality of the conciliation process, and to provide the parties with the opportunity to fully participate, laptops, mobile phones or other electronic devices should not be used except in the situation where the lead spokesperson of each party requires access for the specific purpose of the proceedings and permission is sought from the IRO before their use.

In participating in conciliation, all attendees agree that they will not record, save or capture any audio, video or any other data including digital or AI notetaking during the conciliation conference process and engagement. 

Minutes or records of positions are not taken at conciliation. Where appropriate, documentation confirming the outcome of the conference may be drawn up depending on the requirements of the situation.

What outcomes can I expect from conciliation?

There are two possible outcomes to the conciliation process - resolution of the dispute, or continuing disagreement.

A settlement occurs either when the parties themselves reach a mutually acceptable agreement in conciliation or where they accept a proposal for settlement that the IRO has put to them. The IRO will, usually, only make a proposal when they are satisfied that the negotiating teams will recommend its acceptance. The IRO does not impose a proposal on the parties. The IRO may also adjourn the proceedings to allow the parties consider their positions.

Where no agreement is reached, both parties may agree to refer a dispute to the Labour Court for a recommendation, subject to Commission being satisfied that no further efforts on its part will resolve the matter. The IRO will make the necessary referral to the Court.

What happens to an unresolved case that is referred to the Labour Court?

The Labour Court will, with the agreement of the parties, convene a hearing where both parties can outline their case. In most instances the Court will then issue a recommendation to both parties outlining a means on which the issue can be resolved. Further details of Labour Court procedures are available on www.labourcourt.ie.

Where do I apply for conciliation?