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What happens if both parties do not agree to conciliation or arbitration?

Asked 2 years ago
If both parties involved in a dispute do not agree to participate in conciliation or arbitration, the process may not proceed to the resolution stage that these methods typically provide. Conciliation and arbitration are voluntary processes designed to assist parties in resolving their disagreements amicably. Without the mutual consent of both parties, these avenues cannot be initiated, as they rely on the willingness and cooperation of everyone involved. Should conciliation or arbitration not be an option, the parties may have to consider alternative methods for resolving their dispute. This could include negotiation, where the parties attempt to reach a resolution themselves through direct communication. It may also involve seeking mediation, which is a similar but sometimes less formal process than conciliation. If none of these methods are successful in resolving the conflict, parties may escalate the matter to a more formal setting, such as an employment tribunal or a court, depending on the nature of the dispute. It is important to note that engaging in more formal proceedings can often be time-consuming and costly. For detailed guidance on how to proceed when both parties cannot agree to conciliation or arbitration, visiting the relevant sections of the Advisory, Conciliation and Arbitration Service UK website may provide valuable information and resources.
Answered Aug 26th 2025

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