Consultation Paper on Alternative Dispute Resolution - Law Reform ...

explore the possibilities for a settlement. The IRO must treat as confidential all
information received during the course of conciliation. 25 They will not disclose
this information to any other party unless expressly permitted to do so. 26
4.18 The Commission never imposes an outcome on the parties. Writing
in 1947, the then Chairman of the Labour Court identified the role of a
conciliator as that of ―an experienced neutral who has no power but to act as a
friendly chairman and go between.‖ 27 His description of the role, which mirrors
that of a mediator, is no longer applicable to the modern advisory role as ―the
conciliator is now expected to be a vigorous and pro-active agent in identifying
options for the resolution of disputes.‖ 28
4.19 The IRO may make proposals for settlement to the parties where
they fail to reach a mutually acceptable agreement between themselves but
does not impose a proposal on the parties. The IRO may also adjourn the
proceedings to allow the parties consider their positions. The parties retain
control over the outcome of the conciliation at all times as they may choose to
accept or reject any proposals recommended by the IRO. Where the process
ends in continuing disagreement, the parties have the option of referring the
dispute to the Labour Court for recommendation.
Case Example: Conciliation Service
A union made a claim for a member wage increase from a company. The
claim was rejected as it was in breach of the National Wage Agreement. The
company proposed a gain-sharing arrangement with the union on the basis
of certain changes in working practices. However, local discussion on the
proposal broke down. There was disagreement on the amount of savings the
company would make from the new arrangements. The Conciliation Service
of the LRC was approached and a mediator was appointed. The mediator or
IRO took part in the discussions between the union and company in an
impartial and independent way. First the IRO listened to both parties‘
assessment of the situation. Then individual meetings were held. Once the
IRO understood both positions, separate and joint discussions were held.
25 See Section 26(6) of the 1990 Act.
26 See the Conciliation Service Process (Labour Relations Commission, January
2004). Available at www.lrc.ie.
27 Speech delivered by R. Morished ― The Industrial Relations Act, 1946: An Outline
of the Act, with some comparisons with other countries‖ (March, 1947).Available
at http://www.tara.tcd.ie/bitstream/2262/5601/1/jssisiVolXVII671_690.pdf.
28 Developing Best Practice in Employment Relationships: Strategic Objectives:
2008 – 2010 (Labour Relations Commission, 2008) at 24. Available at www.lrc.ie.
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