Councils in UK brace for sex discrimination claims, IRS to test faster dispute resolution, Mandatory ADR in Spain
Lisa Rodger
Mediation Manager at TBG Mediation Let me help you find an accredited civil mediator anywhere in England and Wales at a fixed fee price
THE HOT STORY
Councils in UK brace for sex discrimination claims
Dozens of local councils in the UK are confronting a surge of sex discrimination claims, with the GMB trade union demanding payouts of up to ￡500m following a precedent set by Birmingham City Council. The union argues that workers in predominantly female roles have been underpaid compared to their male counterparts in roles including refuse collection and road repairs. Negotiations are already in progress with councils such as Leeds and Southampton, and at least ten more cases are anticipated this year. The GMB claims that benefits and bonus schemes have favoured male-dominated roles, leading to what it terms "stolen wages." A spokesman for the Ministry of Housing, Communities and Local Government said: "Local authorities are independent bodies and have a responsibility to act in line with employment laws and manage their finances."?
ALTERNATIVE DISPUTE RESOLUTION
IRS to test faster dispute resolution
The US Internal Revenue Service (IRS) is launching three pilot programmes aimed at testing existing alternative dispute resolution (ADR) processes. These initiatives include "fast track settlement," which allows mediation between taxpayers and the IRS during the examination phase, and post-appeals mediation to facilitate settlements. Elizabeth Askey, chief of the IRS Independent Office of Appeals, said that the agency is revitalising ADR programs as part of its strategic transformation. Michael Baillif, director of Appeals' ADR Program Management Office, emphasized the goal of making these programmes "more attractive and accessible for all eligible parties." The pilots also include a "Last Chance FTS" initiative to raise awareness about fast track settlement options without affecting eligibility. Traditional appeals processes will still be available for all taxpayers.?
Mandatory ADR in Spain
Writing for Solicitors Journal, Alex Guest looks at how mandatory ADR in Spain aims to modernise the local justice system, streamline dispute resolution and foster a culture of amicable settlements. At the start of this year, Spain approved Ley Orgánica 1/2025 (“The Organic Law”), which introduces several measures aimed at improving the efficiency of the public justice system, including the swift resolution of disputes, in response to the growing reliance on litigation rather than ADR methods.
Rwanda becomes member of ADR network
Rwanda has become the first African country to join the International Judicial Dispute Resolution Network (JDRN). Harrison Mutabazi, spokesperson for the country's judiciary, commented: “Joining international ADR networks is pivotal because it allows us to learn and adopt innovative practices." He said the move has a number of benefits, including enhancing delivery of justice, boosting the country's reputation around the world and attracting foreign investment. Mr Mutabazi said that “Having vibrant ADR systems within the justice framework provides a significant advantage for foreign investors and boosts confidence among local businesses," and he noted the country's moves towards adopting cross-border dispute resolution.
Ofcom proposes reduction of complaint resolution time
The Alternative Dispute Resolution (ADR) timeframe could be reduced from eight weeks to six under new Ofcom proposals. The regulator stated: “We believe that the current timeframe may not be giving all consumers sufficiently prompt access to ADR, in cases where their provider cannot resolve their complaint." Ofcom called for improvements to strengthen the use of ADR and align it with current practices as well as consumer expectations. The regulator went on to say: “Taken together, these proposals will ensure that the ADR schemes continue to work well for consumers while ensuring that our rules are effective in facilitating access to ADR for consumers."
Alternative Dispute Resolution MoU signed in Cambodia
Cambodia's National Authority for Alternative Dispute Resolution (NAADR) and Kampong Thom provincial administration have signed a MoU under which the quality, efficiency, and timeliness of dispute resolution using alternative methods will be improved. Nuon Pharat, Governor of Kampong Thom province and Chin Malin, Deputy Permanent Chairman of NAADR said the move is intended to reinforce relations and cooperation between the two parties, with Pharat thanking Minister of Justice Keut Rith for assistance in reducing court backlogs through the use of Alternative Dispute Resolution.
MEDIATION
Using mandatory mediation to address sustainability disputes
Writing for The Barrister Group blog,?Dr Georgina Tsagas recommends the use of mandatory mediation as a way to address complex global sustainability disputes. This method promotes transparent teamwork, potentially closing regulatory gaps and handling reporting issues better. Her proposal involves updating legal guidelines and mediator training to handle multi-party disputes and sustainability concerns.
Indian Council of Arbitration launches new Rules of Commercial Mediation
The Indian Council of Arbitration (ICA) has recently held a symposium titled 'Mediation: A Critical Tool for Commercial Dispute Resolution' at which its Rules of Commercial Mediation were unveiled.?Arun Chawla, Director General of the ICA and Former Director General of the Federation of Indian Chambers of Commerce and Industry (FICCI), remarked: “The introduction of the ICA Mediation Rules marks a significant milestone in our mission to make dispute resolution more accessible, faster, economical, and collaborative. Mediation is not just an alternative - it is a transformative tool for businesses seeking sustainable solutions with higher compliance rates."
Client enters mediation after accusing insurer of 'sludge tactics'
A complainant has entered into formal mediation after claiming insurer Ageas was displaying delaying ‘sludge tactics’ on a payout process over a flooded home that has been uninhabitable since 2020.
领英推荐
NEGOTIATION
Barrick Gold and Mali to start new negotiations on mine
Barrick Gold, the world's second-largest gold miner by production, was expected to commence a new round of negotiations with the government of Mali on Tuesday to resolve a deepening dispute over the alleged nonpayment of taxes by the Canadian company and the seizure of its gold stocks by authorities in the West African country, according to sources. Barrick has temporarily suspended its mining operations in Mali after the government seized nearly 3 metric tons of gold, worth $250m, from the company's Loulo-Gounkoto complex.
CONFLICT RESOLUTION
Lessons from ancient India on post-conflict reconstruction
Writing for the FT, Guru Madhavan considers infrastructure’s social effects and how the design of infrastructure such as transportation networks can determine how communities interact long into the future.
DISPUTE RESOLUTION
Duke of Sussex wins historic apology
News Group Newspapers (NGN) has issued an “unequivocal apology” to the Duke of Sussex following serious intrusions by The Sun and unlawful activities by private investigators associated with the now-defunct News of the World. The settlement, reached just before a scheduled trial, includes substantial damages and marks a significant admission of wrongdoing. David Sherborne, the duke's barrister, described the apology as a “historic admission” of illegal practices at The Sun. The media company acknowledged the distress caused to the duke and the damage to his relationships. The settlement concludes over a decade of litigation.
FAMILY DISPUTES
Hard data needed to prove efficacy of voucher scheme
The Family Mediation Council (FMC) announced last week that the government?has again extended a voucher scheme designed to help families resolve their disputes away from court. The initiative, which gives families up to ￡500 towards the cost of mediation, has been extended by 12 months. Law Gazette reports that?a lack of crucial data demonstrating the value of the scheme would appear to be hindering the assurance of longer-term funding.?FMC executive officer Helen Anthony explained: "‘The Ministry of Justice . . . know the value of mediation – that [is] not in doubt. What they have not got is data to demonstrate the value of the actual scheme in terms of putting public money into it. The general understanding is the voucher scheme works but they have not got the data to show it."
WORKPLACE CONFLICTS
BMA staff threaten strike over pay
London Evening Standard
Around 40 advisors at the British Medical Association (BMA) have threatened to strike?in a dispute over pay after they were brought in-house. The affected workers have accused the doctors' union of “forgetting its principles,” observing that the BMA last year staged a series of strikes?over pay for junior doctors in the NHS until a deal was agreed by government ministers in September. The BMA says the staff members have seen “substantial” pay increases and increased benefits as a result of being brought in-house. But the GMB union, representing the staff, claims the BMA is not recognising their external service length, resulting in lower salary bands. Gavin Davies, a senior organiser at GMB, said: “The BMA proudly declares itself a trade union, but it seems to have forgotten its principles when dealing with its staff.” The BMA, however, argues that affected staff have received pay increases of up to 15% and improved benefits. A formal dispute has been lodged, with 91% of GMB members supporting potential strike action. The BMA is working to resolve the concerns while adhering to TUPE legislation to ensure fair treatment of its staff.
Couriers demand transparency from delivery giants
The Guardian The Guardian
Takeaway delivery companies in the UK, including Uber Eats, Deliveroo, and Just Eat, are facing increasing pressure to disclose the algorithms that dictate the work of over 100,000 couriers. A coalition comprising the Trades Union Congress, Amnesty International, and various couriers' unions argues that the lack of transparency is "automating exploitation" and causing "precarity, stress, and misery" for workers. Jonah Mendelsohn from Privacy International said: "Too often workers are left in the dark about the reasons why they have been fired, underpaid, or that they've been discriminated against." The coalition's call for transparency aligns with growing scrutiny of AI systems, as public concern rises over the risks associated with these technologies.
School settled with three staff to avoid tribunal
A Wolverhampton primary school has paid out more than ￡19,000 in settlements to three staff members in order to avoid cases reaching an employment tribunal. In 2020, Trinity CE Primary Academy paid two staff members ￡8,450, while in 2022, one staff member was paid ￡10,851, according to a response to a Freedom of Information request. St Chad's Academies Trust, which oversees the school, suspended two members of staff in September following a "disclosure from a whistleblower." The trust said settlement agreements were "a tool available to HR teams to achieve consensual and cost-effective resolution."?This type of payment can be used by organisations to resolve disputes amicably, which can help avoid the costs and public exposure of the employment tribunals.
INTERNATIONAL DISPUTES
Putin ‘ready for negotiations’ with Trump on Ukraine war
The Guardian
Russian president Vladimir Putin says he is ready to discuss the war in Ukraine with US president Donald Trump. Putin told a Russian state television journalist: “We believe the current president’s statements about his readiness to work together. We are always open to this and ready for negotiations. It would be better for us to meet, based on the realities of today, to talk calmly.” He said his relationship with Trump was “businesslike, pragmatic and trustworthy.”
retired ADR provider, Linked in Blogger, permaculture inspired organic gardener and WWoof host
1 个月Lisa Rodger Another thought.?Surely, at least some of the councils who are "bracing" themselves have a good sort through their employment records and try and forestall claims by dealing with matters in the here and now? A bit of this thing called dispute avoidance or alternatively, early dispute resolution. There may well be a good case for a mediator to help facilitate negotiations. Tony Guise Gerard Tomnay Dr Mary Malecka et al
retired ADR provider, Linked in Blogger, permaculture inspired organic gardener and WWoof host
1 个月Lisa Rodger - Now this really is something i.e. sex discrimination that should go to mediation and by mediation I mean mediation early before proceedings are issued and not necessarily with ACAS input Gerard Tomnay Stephen Walker Andrew Norman Mandi Martin et al
Professional Mediator @ US District Court, Trusted Mediators International & CourtCall ODR/ADR. On a mission to settle cases, repair relationships and restore tranquility and peace of mind from the turmoil of conflict.
1 个月Interesting developments, thank you.