Mediation and Employee Disputes
For the last decade various forms of alternative dispute resolution (ADR) have been becoming more popular in employment. The Government has a commitment to the use of ADR in general (particularly mediation) as a cost effective way of resolving employment disputes. Tribunals are required wherever practicable to encourage and facilitate the use by the parties of the services of Acas, judicial or other mediation, or other means to resolve their disputes by agreement.
The advantages of ADR to try to resolve problems include:
- Minimising or avoiding the stress and expense of tribunal proceedings –some forms of ADR are free.
- Speedier solutions, as tribunal cases can take many months and some forms of ADR can be concluded in under a month.
- Lengthy tribunal proceedings can distract senior employees from the workplace.
- A better understanding of the issues can be reached.
- Finding solutions on the parties own term.
- Covering matters that may not be covered in a tribunal judgment, such as references, moves to other departments etc.
- ADR can happen early, before a permanent and entrenched breakdown of the employment relationship.
- Possible confidentiality whereas most tribunal hearings are public.
- Voluntary solutions whereby both parties agree to participate in ADR and in some cases can change their mind at any time.
- The main forms of ADR available for employment disputes include:
- internal workplace mediation
- private mediation or conciliation services
- Free Acas pre-claim conciliation
If you would like to arrange for one of our Directors to discuss how we can assist you with workplace mediation please click here to arrange for a ‘call me back’ at a convenient time for you.