Mediation in Employment Disputes-What You Should Know

Mediation in Employment Disputes-What You Should Know


okay this view a video I’m going to take
a look at mediation in employment disputes what is mediation when is
accused and what’s involved what are the pros and cons of mediation mediation is
basically a form of alternative dispute resolution a third-party mediator
professional mediator helps the parties in dispute to come to their own solution
so the key thing is the parties themselves arrive at a solution it’s not
imposed it’s commonly used in situations where you might have a personality clash
miscommunications allegations of harassment or bullying and
misunderstandings of obligations it’s a voluntary process it must be agreeable
to both parties the goal is for the parties to come to their own solution
and it’s not binding on the parties until they sign an agreement the
advantages of mediation are that it’s informal both parties get to have their
say it’s inexpensive the parties assisted by a mediator arrive at their
own solution that’s quite possible that’s when parties arrive at a solution
themselves this greater amount of buying done if a solution is imposed it can be
faster obviously than waiting to go to the workplace eration situation or the
court the workplace relations commission uses or provide the service the early
resolution service it’s a mediation service it may be offered to the parties
for WRC complaint is submitted it’s not offered in all situations but may be
offered section 39 of the workplace relations like 2015 provides the
legislative basis for this all records are notes arising from this mediation
are confidential unless they’re needed to resolve a further disturbs in other
words a dispute could arise down the road as the court was actually agreed or
you know so only in those situations with the records and notes be produced
the stages of mediation then we’ll both parties meet the mediator alone the
meeting will then take place between the parties and the mediator issues will be
explored and hopefully a solution will be arrived up the agreement is then
explained to both parties and signed by the parties a mediation though is not
always appropriate you should not be used as a first response in other words
the parties should actually be encouraged to discuss themselves and
talk to or another before going to a mediation situation where you’re
bringing in an external person a professional mediator it should not be
used to avoid making decisions in other words for management to hide behind
difficult decisions it should not be used if adjudication is needed so if a
party alleges bullying or harassment or something of a serious nature against
another party well then it may not be appropriate at all and one of the
parties the alleged victim will obviously be entitled to an adjudication
of what they claim is wrong if the alleged victim of bullying harassment
wanted investigators well then clearly mediation would not be suitable an
investigation should be carried out and then it’s not suitable if one of the
parties is completely intransigent and bringing in a mediator and engaging in a
mediation process will raise unrealistic expectations it’s not appropriate then
also if the parties do not have the power to settle the dispute a mediation
agreement is important it should be signed by the parties before the
mediation process at all you can set out the ground rules for both parties it
should have clauses in its dealing with costs legal status and effect of the
mediation the parties involved obviously a confidentiality clause without
prejudice clause and authority and status clothes in conclusion mediation
can be useful in particular circumstances an experienced skilled
mediator will give the greatest chance of successful mediation
it’s not always appropriate though and have gone through those situations there
where is not appropriate my name is Terry gory I’m a solicitor in enfield
they do quite a bit of employment law if you find this video useful you might
just give it the thumbs up below or leave a comment in the box of YouTube or
else just subscribe to my channel thank you for watching

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