Many employment issues and disputes are resolved through discussion and negotiation. Sometimes, however, negotiation is not enough.
One option if negotiation is not proving successful is to litigate through the Courts or Tribunals all the way to a full hearing (and sometimes beyond, in the Appeal Courts), either in pursuing or defending the case. This is sometimes the right option to take. However, litigation is expensive, time-consuming, risky and stressful for all concerned. It also usually culminates in a public hearing and judgment, in which the reputations of all those concerned can be put at risk, whether they win or lose the case itself.
Mediation provides another potential option if negotiation is not proving successful. It is not certain to resolve any particular dispute, but experience shows that the success rate of mediation in settling disputes is high, even in those cases where the parties themselves did not believe that there was a realistic prospect of settlement.
Mediation is a voluntary and confidential process under which a trained neutral person seeks to help disputing parties to resolve the issues by mutual agreement. In an employment context, it can be used both internally (to settle differences between colleagues) and also to settle external legal proceedings between employers and employees (or ex-employees).
We can help by steering clients (whether employer or employee) through the mediation process, including accompanying them to the mediation itself. In cases where we are not acting for any of the parties to a dispute, we can provide an accredited and experienced person to act as mediator.
Please click on the drop down menu for further details of our work in this area and how we can help resolve disputes through mediation.