Workplace and Employment Mediation
Workplace and Employment Mediation
It’s natural for there to be disagreements, but when real disputes arise, these need to be resolved quickly and efficiently before these develop into major clashes or an employment tribunal claim. If a claim has been issued, mediation can provide a means to work towards a settlement that minimises stress and costs.
Conflicts may arise due to situations including:
- Time off/flexible working requests
- Performance issues and attendance
- Reasonable adjustments
- Conflicts during restructuring, redundancy and change management
- Disagreements within a team or between individuals and managers
All of these can lead to grievances or to a Tribunal claim. All can be successfully mediated. Simon Robinson has many years experience in dealing with workplace and employment disputes, including as a manager and an adviser. He can draw on this experience to enable him to provide you with expert, professional mediation to help you resolve your dispute.
Positive outcomes
Mediation enables the parties to work towards a resolution that works best for them. In mediation, you retain control and can shape the outcome. In an Employment Tribunal case, the Tribunal will make the decision for you – which may not be in your favour. A mediated resolution could save both sides stress and costs. Mediation can take place at any stage, so mediating early on could prevent a dispute progressing to a grievance or disciplinary.
A mediated resolution could include an agreement for additional supervision or training or as a way to address a flexible working request. Mediation is an effective way to address disputes and retain valued staff.
Costs rack up
Defending a one-day employment tribunal case claim can cost an employer anything from £3,800 - £8,500 (data from Department of Business, Innovation and Skills and Institute of Directors) depending on their circumstances. In addition to legal costs, there’s also the cost in staff time, providing witness statements and meetings with HR and lawyers.
Employees also have to fund their legal costs, and since July 2013, now have to pay a fee to start a claim as well as a fee for the final hearing. These fees alone can cost up to £1,100. A 1 day case can cost an employee £2,000 – 4,000 or more in legal costs.
By contrast, a 1 day mediation with People Mediation could cost less than £1,000 per party.
What if there’s a tribunal case?
You can also mediate where proceedings have started in the Employment Tribunal or where the claimant has been referred to Acas Early Conciliation. It’s quite usual for parties to try to mediate when a case has started as the fact that this has happened can concentrate minds on trying to find a resolution and settling the dispute.
Legal representation
Good legal advice can help parties to understand all of the legal issues in a dispute, including the implications of not reaching a mediated agreement. It is advisable for parties to take legal advice and they can do this at any stage. You can have your legal or trade union representative present in the mediation for advice and to help you present your position.
For more information about the mediation process or our professional fees, please follow the links or use the navigation bar above.
