Industrial Court (ADR)

Effectiveness of Industrial Court in Resolving Disputes

The Industrial Court has been effective in providing an avenue for parties to resolve their disputes
even before the first Case Management date. Here are some reasons for its effectiveness:

Specialized expertise: The Industrial Court consists of judges with specialized knowledge and
experience in labor and employment law. This expertise enables them to understand the
complexities of labor disputes and make informed decisions.

Fair and impartial proceedings: The Industrial Court ensures fair and impartial proceedings by
providing equal opportunities for both parties to present their case. This helps in achieving a just
resolution of disputes.

Timely resolution: The Industrial Court has established timelines for case management and hearings,
ensuring that disputes are resolved in a timely manner. This helps in reducing the duration of
disputes and minimizing the impact on the parties involved.

Enforcement of decisions: The Industrial Court has the authority to enforce its decisions, which
provides a strong incentive for parties to comply with the resolution. This helps in ensuring that the
decisions are implemented effectively.

Suggestions to Improve Success Rate

While the Industrial Court has been effective, there are some suggestions to further improve its
success rate:

Mediation and conciliation: Encouraging parties to engage in mediation and conciliation before the
first Case Management date can help in resolving disputes amicably. This approach allows parties to
have more control over the outcome and promotes a cooperative approach to dispute resolution.

Enhanced case management: Strengthening the case management process by providing clear
guidelines and timelines can help in expediting the resolution of disputes. This includes setting
realistic deadlines, ensuring regular communication between parties, and monitoring compliance
with orders.

Training and awareness programs: Conducting training and awareness programs for employers,
employees, and their representatives can help in promoting a better understanding of the Industrial
Court process. This can lead to more informed and constructive participation, ultimately improving
the success rate of dispute resolution.

Alternative dispute resolution mechanisms: Exploring the use of alternative dispute resolution
mechanisms, such as arbitration or expert determination, can provide additional options for parties
to resolve their disputes. These mechanisms can be faster and more flexible than traditional court
proceedings.

By implementing these suggestions, the Industrial Court can further enhance its effectiveness in
resolving disputes and provide an efficient and accessible platform for parties to seek justice.
Court- Initiated Mediation

Court-initiated mediation refers to the process where a court orders parties involved in a legal
dispute to participate in mediation. This process is governed by the Mediation Practice Direction No.
5 of 2010. Here is an overview of the process and its benefits:

Process of Court-Initiated Mediation

Referral to Mediation: The court identifies a case suitable for mediation and refers it to a qualified
mediator. The mediator is usually appointed by the court or chosen from a panel of mediators.

Mediation Session: The mediator schedules a mediation session and invites the parties to
participate. During the session, the mediator facilitates communication and negotiation between the
parties to help them reach a mutually acceptable resolution.

Confidentiality: Court-initiated mediation is conducted in a confidential setting. The discussions and

information shared during mediation are generally not admissible as evidence in court proceedings,
ensuring parties can freely explore settlement options without fear of compromising their legal
positions.

Voluntary Participation: While court-ordered, participation in mediation is voluntary. Parties can

choose to engage in the process and work towards a resolution, or they can opt out. However, non-
participation may have consequences, such as adverse costs orders or delays in the court
proceedings.

Settlement Agreement: If the parties reach a settlement during mediation, they can formalize it in a
written agreement. This agreement can be enforceable as a court order, providing a legally binding
resolution to the dispute.

Benefits of Court-Initiated Mediation

Cost and Time Savings: Mediation can be a quicker and more cost-effective alternative to traditional
litigation. It reduces the need for lengthy court proceedings, multiple hearings, and associated legal
expenses.

Preservation of Relationships: Mediation promotes open communication and collaboration between

parties. It allows them to maintain or repair relationships, which can be particularly important in
ongoing business or personal relationships.

Control and Flexibility: Parties have more control over the outcome in mediation compared to a
court-imposed decision. They can explore creative solutions and tailor agreements to meet their
specific needs and interests.

Reduced Stress and Emotional Strain: Mediation provides a less adversarial and more supportive
environment for resolving disputes. It can help reduce stress, anxiety, and emotional strain
associated with litigation.
Higher Compliance and Satisfaction: Parties who actively participate in the mediation process are
more likely to comply with the agreed-upon settlement terms. This leads to higher satisfaction levels
and a reduced likelihood of future disputes.

Court Efficiency: Court-ordered mediation helps alleviate the burden on the court system by
encouraging parties to resolve their disputes outside of court. This allows courts to focus on more
complex cases and reduces backlog.

In conclusion, court-initiated mediation, as outlined in the Mediation Practice Direction No. 5 of

2010, offers an alternative approach to resolving legal disputes. It provides a structured process that
promotes communication, collaboration, and mutually acceptable resolutions. The benefits include
cost and time savings, preservation of relationships, increased control and flexibility, reduced stress,
higher compliance, and improved court efficiency.