Workplace disputes are, unfortunately, almost unavoidable for employers. Find out how our expert mediation services can save you time and money.
Disputes can emerge between employees or between managers and employees, over claims of bullying, harassment, personality clashes, where performance or conduct may be in question, or where an employee may have raised a grievance.
Mediation is a way of resolving conflict issues in the workplace and, with the help of a mediator, can be the process that avoids an employee being exited from the business and/or a dispute reaching an employment tribunal.
Mediation is a private, confidential and entirely voluntary process which involves a series of meetings between the parties and a mediator. In both one on one and joint meetings, the parties reach an agreement over the issue(s) that have caused the conflict between them. If an agreement is reached it can, potentially, be made binding via a court order.
Our accredited employment mediator, Caroline Lewis, is able to provide substantive mediation in relation to disputes in the workplace on a case by case basis.
FREQUENTLY ASKED QUESTIONS
What type of issues can be mediated?
Who is the mediator?
Can I be forced to mediate?
Will we have to be in the same room?
Can my solicitor or any other representative be present?
How long does it take?
What form does the “agreement” take and will it be legally binding?
What happens if we’re unable to reach an agreement?
How much will it cost?
What type of issues can be mediated?
In short, any issue can be mediated where there is a desire to reach agreement and avoid litigation. In workplace mediation, there could be problems arising between two individuals such as a supervisor or manager and his/her direct report or between polarised teams in an office. Workplace mediation can be applied particularly well in the following situations: management changes, allegations of bullying, harassment and discrimination; issues arising from employees on long-term sick leave or those undergoing a disciplinary process and requests for flexible working.
Who is the mediator?
Our mediator is also a specialist employment lawyer although her role, as a mediator, is not to give legal advice but to guide you through the process and assist you in reaching an agreement. The mediator is instructed by both parties to be impartial and to facilitate the discussion. As an employment lawyer, however, she has the benefit of understanding the issues involved and a wealth of experience.
Can I be forced to mediate?
No. Mediation is a voluntary process and both parties have to agree to attend. Further, you can choose to stop or leave the mediation process at any time, once it has started, if you do not feel comfortable with it.
Will we have to be in the same room?
Not necessarily. However, mediation works best where you establish a dialogue and are able to discuss the issues directly in a controlled and comfortable environment. We will do everything we can to ensure that the venue is safe, comfortable and that the environment is non-judgmental. In most cases, we will meet with each party separately before commencing a meeting together. The process can be tailored to your needs and what works best for you.
Can my solicitor or any other representative be present?
No. Solicitors cannot be present in a workplace mediation; nor can employee, employer or trade union representatives. The most successful mediations involve just the two parties and the mediator.
How long does it take?
The majority of workplace mediations take no more than a day although the mediator will have contacted the parties separately over the phone first and a review (follow up) meeting is recommended 6-8 weeks after the mediation.
What form does the agreement take and will it be legally binding?
An agreement that comes out of a successful workplace mediation is usually a written document in the words of the parties and confidential to the parties and the mediator, unless both parties agree otherwise. The agreement is not legally binding unless both parties wish it to be so. Again, the emphasis on mediation is that it is an informal as well as flexible process and a very different experience from going to court.
What happens if we are unable to reach an agreement?
The vast majority of people are able to reach an agreement. In fact workplace mediation is successful in 90% of cases and has saved time, money and stress for employers as they do not have to handle a protracted grievance or workplace dispute. If you are unable to reach an agreement on the day, it is possible to review the subject when both parties are ready again at a later date. Again, any information disclosed during the mediation is kept completely confidential between the parties and the mediator.
How much will it cost?
A day’s mediation with Saltworks Law starts from £975 per party plus VAT and will typically include:
Pre-mediation discussion with each party
Private and joint discussions
Production of a mediation agreement.
The hourly rate beyond the agreed time allowed for mediation is £135 plus VAT per party.
To find out more about our mediation services and obtain a detailed quote please contact us.