A Dispute Resolution Appointment (DRA) is a form of alternative dispute resolution (ADR) which aims to resolve disputes without a full hearing in an employment tribunal.

DRA has been introduced by the Wales Employment Tribunal for the more complex cases with long final hearings (those listed for over 6 days), such as in discrimination and whistleblowing claims.

What is a Dispute Resolution Appointment?

A DRA is an impartial and confidential process, in which an Employment Judge evaluates the strengths, weaknesses and risks of the claim on the basis of the documents and information provided by the parties. It is designed to be held at a late stage of the proceedings, around four to six weeks before the final hearing.

There is no mandatory outcome from a DRA.

What are the advantages of DRAs?

• As with any other methods of alternative dispute resolution, DRAs can assist parties in avoiding the financial and emotional strains of litigation, as well as gaining a clearer understanding of the case or narrowing the issues in dispute.

• The appointment is confidential. Statements made in the appointment can be used in subsequent “without prejudice” discussions between the parties, but they cannot be referred to in correspondence with the Tribunal or at a final hearing.

• The Judge is able to make a decision on the evidence that has been provided by the parties as opposed to other forms of ADR.

What are the disadvantages of DRAs?

• A DRA is mandatory when a Judge considers it appropriate, and the Employment Tribunal can schedule it without the parties expressing any desire to have one. A failure to attend could amount to ‘unreasonable conduct’ which can result in adverse consequences for parties who do not comply.

• Although the parties can be compelled to attend a DRA and must generally co-operate with a Tribunal, they are not bound to follow the Judge’s recommendations after the conclusion of the appointment.

• The range of target cases for DRAs is limited to longer cases.

• The availability of a DRA will depend on available resources in the region.

To conclude, if a Tribunal case is listed to be heard in Wales and is likely to last longer than 6 days, it is likely that the parties will be asked to attend a DRA. Because of the adverse consequences of not complying, it is essential that parties comply with an order to attend, as they would any other order made by a Tribunal Judge.

Please note that this is only a brief summary and is not intended to be legal advice. If you would like more information about any of the issues raised in this article or on any other aspect of employment law, please contact us on 029 2034 5511 or at employment@berrysmith.com