Mediation: the preferred method to resolve workplace disputes

I was delighted when I was offered, during my master’s degree, back then in 2009, to be part of a team that would represent King’s College London in the International Commercial Mediation Competition that would take place at the International Chambers of Commerce (ICC) in Paris. We did not win however, the experience was memorable as it taught me that mediation can offer what other methods of dispute resolutions could not - speedy, costs effective and creative solutions.

The ICC Mediation Roundtable is one of the most valuable meeting points for Alternative Dispute Resolution (ADR) professionals worldwide. It is a dedicated platform to explore the latest developments in mediation and exchange experiences. In 2009, we were no more than 20 teams from across the world, this year the competition includes 48 teams of students from across the world. All of whom are selected to compete alongside more than 160 plus professional mediators and trainers who will share their expertise and passion for mediation. The interest in mediation as a form of dispute resolution is a global one, it saves time and money to all concerned and, in some cultures, such as China, mediation is the preferred route to achieving justice and resolution to an acrimonious dispute.

In the UK, the proposal to mediate may either be made by one of the parties or by the Employment Tribunal in employment tribunal proceedings. Under rule 3 of the Employment Tribunals Rules of Procedure 2013, the employment tribunal is required to encourage and facilitate ADR wherever possible and appropriate. In the UK, parties could use also judicial mediation. If the parties opted to take part, a specially trained employment judge will be appointed. Judicial mediation meetings are generally scheduled to last one day or possibly two days and are free of charge. If the mediation takes place and is successful, the settlement will include a withdrawal and dismissal of the tribunal proceedings. The tribunal may, with the prior consent of the parties, reactivate Acas conciliation during or after judicial mediation.

What is Mediation?

Mediation is a voluntary and confidential process whereby an independent third party works with the parties involved to try and reach an agreed resolution that can be as creative as the parties’ imagination allows. In one of my cases, the dispute was partially resolved by the employer entering a new business venture with the employee as well as continuing to employ him as a head chef.

Unlike some grievance and disciplinary policies and certainly tribunal proceedings, the mediation process is very flexible, largely informal and can often be convened at short notice. Mediation can be used at any stage of an employment relationship or even after it has been terminated. For instance, it could be instigated after a grievance has been raised, following a workplace conflict and before or after an employment tribunal claim has been issued.

What are the benefits of mediation?

At Wright Hassall, we can help and act as a mediator for all aspects of employment related disputes and grievances. As a specialist mediator, we can work with you to agree a process to follow and advise on best practice to ensure that most workplace disputes can be resolved amicably without the need for formal grievance, disciplinary or employment tribunal proceedings.

The advantages of mediation are excellent, especially when considered against the alternative which in most cases may be a tribunal claim and offers substantial benefits to a business.

In summary, the benefits are as follows:

1. Costs – Defending an employment tribunal claim can be expensive, running into tens of thousands of pounds for a full contested claim. By contrast, Wright Hassall can offer a day’s mediation at a fraction of the cost of defending a tribunal claim. Therefore, making it the much more cost-effective option. This saves your business a substantial sum of money which can be better used to ensure that your business continues to thrive.
2. Speed – It is common knowledge that the volume of cases that the Employment Tribunals are dealing with means that the backlog is lengthy with few claims reaching a final hearing in less than 12 months. When instructed, Wright Hassall can act quickly to ensure that complaints can be mediated in a much shorter timescale, often within one week, to ensure that, where possible, employees and their employers resolve their differences, and the employment relationship can continue harmoniously.
3. Flexibility – As mediation is a very collaborative process, our mediator can get to the root of an employee’s complaint and the parties can then agree solutions to address that issue. Our mediator understands what it takes to resolve a dispute which could be as simple as an apology or access to additional training. These are not remedies that a tribunal could award. In a lot of cases, a financial settlement is not necessarily the only way to remedy a compliant.
4. Privacy – Our mediation services are entirely confidential regardless of whether it successfully resolves the dispute. The benefits of this are twofold – (1) there is no risk of reputational damage and (2) if the mediation is unsuccessful, any offers or concessions made by any party are non-binding.
5. Saves management time – According to a CIPD survey, employers spend on average six days of management time dealing with each individual disciplinary case and five days dealing with a grievance case. By instructing us, we take away the administrative burden on your business by preparing for the mediation, managing and advising on the process for you. Mediation will be a far less document and procedure heavy process.
6. Most importantly, mediation is often successful – A 2010 legal briefing from the Legal 500[1] put the success rate for mediation as high as 70% to 80%. This alone is a reason why businesses should get in contact with us to discuss whether mediation may be right for them. With such a high success rate, in my view, mediation should be attempted in almost every dispute!

To find out more about how mediation could benefit your business then please contact me, Mali Smith, Legal Director, on mali.smith@wrighthassal.co.uk or on 01926 880787 | 07773 234973. 

The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.

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The information published across our Knowledge Base is correct at the time of going to press.