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Arbitration

If both parties to an industrial dispute agree the Agency can appoint an individual, or a panel, to act as independent arbitrator/s to decide how the dispute is to be settled. The parties to the dispute agree, usually with Agency assistance, joint terms of reference and the Agency appoint an arbitrator from its list of suitable independent persons. The arbitrator (acting alone or chairing a panel) considers the written and oral submissions of the parties, makes a decision, and where appropriate, an award which the parties agree to accept and implement. Participation in arbitration is entirely voluntary and the Agency has no power to compel an unwilling party to participate.

Before arranging for arbitration the Agency will take into account the use that has been made of any agreed procedures, and whether conciliation might be a possible alternative.

The Agency also provides an arbitration service to hear appeals in the education sector and other public services in accordance with procedures agreed between employers and trade unions.

Details on appointed  Arbitrator/Independent Appeal Chairpersons