In English law, what parties say “without prejudice” in negotiations to settle a dispute is normally “not admissible in evidence.” In 2010, in Oceanbulk Shipping v TMT Asia, the Supreme Court explained that the rule is “founded upon the public policy of encouraging litigants to settle their differences.”
Ordered to Talk
In 2004, in Halsey v Milton Keynes General NHS Trust, the Court of Appeal said that forcing parties into mediation would “impose an unacceptable obstruction on this right of access to the court.”
In 2023, in Churchill v Merthyr Tydfil County Borough Council, the Court of Appeal decided that courts do have the power to order parties to engage in alternative dispute resolution. It held that the earlier remarks in Halsey had not been binding.
Early Conciliation
Since 6 April 2014, with some exceptions, anyone who wants to bring a claim to an employment tribunal must first contact Acas, the advisory and conciliation service. Under section 18A of the Employment Tribunals Act 1996, “the prospective claimant must provide to ACAS prescribed information.” Acas then offers to help reach a settlement “that avoids proceedings being instituted.”
Taking part in conciliation is voluntary. Contacting Acas first is not.
The Usual Channels
Much of the day-to-day business of Parliament is arranged privately by the government and opposition whips, through what are “euphemistically known as the ‘usual channels.'” A Hansard Society report of 2002 said that the system “operates entirely informally and privately” and that “few records are kept of what has been agreed.”
Men in Grey Suits
In British politics, the men in grey suits are “a delegation of Conservative MPs who tell a party leader that it is time for them to step down.” The phrase is often used for members of the 1922 Committee, which consists of all Conservative backbench MPs.
A formal route also exists. MPs can write to the chairman of the committee asking for a vote of confidence in the leader. In October 2003, Iain Duncan Smith lost such a vote by 90 to 75.
Talk to Your Neighbor
The British government’s guidance on disputes between neighbors begins with a conversation: “Before making a formal complaint or getting others involved, try to discuss the problem with your neighbour.”
If talking does not work, the guidance suggests a letter, “sticking to the facts,” and then mediation, which “is confidential and usually quicker and cheaper than going to court.”