Mediation-a good resolution

Apr 2 2008 Business Insider

SEMPLE FRASER

Mediation is tipped to play a much increased role in the resolution of workplace disputes once the Government's proposals to replace the statutory dismissal and grievance procedures are announced.

Mediation is a less formal alternative to the traditional methods of dispute resolution, in which an impartial trained mediator assists the parties to reach an amicable solution to their dispute. It is sometimes described as facilitated negotiation.

It has many potential advantages over traditional methods of resolving disputes. Used effectively it can allow problems to be resolved at an early stage and before they become full blown disputes. In the employment context, it can be particularly useful at protecting morale and preventing the breakdown of working relationships that can often be caused by adversarial grievance or disciplinary investigations, not least because it promotes better communication and encourages the parties to focus on underlying issues and to see problems from the perspective of the other party.

No employer, whether it be a bank employing thousands of people or a construction company employing a single labourer, wants to hit the headlines because of an employment dispute. Mediation, being confidential, can therefore assist employers to protect their reputations.

Having a mediation policy in place can also help a business promote itself as a good employer and so attract and retain valuable talent.

Mediation may not be suitable for all employment disputes, however, it is expected to gain much more prominence in employment law in coming months. A good mediation process should be seen as a proactive risk management tool. Statistics suggest that mediation results in the settlement of between 70% and 80% of disputes that use it. This represents a potentially valuable cost saving. Mediation should be welcomed and it would be wise for employers to start preparing for mediation now.

Semple Fraser specialises in certain industry sectors - Banking & Finance, Commercial Property, Construction & Engineering, Extractive, Projects & Waste - advising clients throughout the UK from its offices in Glasgow and Edinburgh.

Contact: Iain Barton, Associate, Employment Group e: iain.barton@semplefraser.co.uk t: 0131 273 3771 www.semplefraser.co.uk