Workplace Mediation

Workplace Mediation

Our Workplace Mediation services provide a prompt, discreet and cost effective remedy to workplace conflicts, disputes and disagreements. It involves neutral facilitation of issues the parties raise where resolution or an agreement on a plan is needed.

Advantages of Workplace Mediation over Litigation

1. Control the outcome: You make the decision. The settlement , if any, will be decided by the parties, not imposed by a judge or arbitrator.

2. Control the process: The parties will select the mediator and decide which issues will be addressed, when sessions will be scheduled, and how fees will be apportioned. In short, you design the process and it can be well defined and predictable.

3. Decrease cost of dispute: In mediation, your business lawyer acts in a consultative or coaching role, with you or your executives. The lawyer does not have to participate in the mediation. In contrast, business disputes in court can result in lawyers assuming the important decision-making role on your behalf and the process is more or less out of your control.

4. Timely: Mediation can be scheduled and likely concluded as quickly as the parties need.

5. Confidentiality: Control unwanted publicity. Mediation avoids public exposure of business mistakes, internal problems and trade secrets. This is a significant benefit. A local or national company has an important interest in preserving its reputation and goodwill. Sometimes the negative costs of going public with a dispute can be huge and it gives your competitors the advantage.

6. Preserve relationships: Mediation can allow the relationship between disputing businesses to outlast the dispute. The very process of arriving at a consensus decision can be the foundation for the parties to continue to do business together. Going to court destroys relationships. Many businesses are also realizing the value of using mediation as part of an overall strategy to build and keep good customer relationships and healthy employee relationships.

7. Deal with the underlying issues: Parties can discuss the underlying problems and issues in the dispute including personality clashes rather than argue about legal issues. The result is usually that a more honest solution is reached, which leaves participants feeling better about themselves and more productive.

8. Discuss technical issues or details: Issues which may be too complex or technical for a judge to grasp in the rushed atmosphere of a courtroom can be handled in mediation.

9. Plan for the future: Parties can talk about more than just the dispute, they can devise a plan for a future working relationship.

10. Satisfaction with the process: Mediation has a high settlement rate and participants are generally much more satisfied with the process compared to other forms of dispute resolution.

Mediation Process Result
  • Upon your inquiry we contact you to discuss mediation, the issues to be mediated and your expectations.
  • We contract with you to provide mediation services.
  • We ask that a neutral venue consisting of two rooms and a waiting area is made available in readiness for mediation unless you use our premises.
  • We meet all parties individually first.
  • We then arrange for all parties to meet together in a joint meeting with the mediator.
  • Where possible we produce the mediation report before we leave so that the parties can take it away with them. If not, we will send it to you within two weeks of the last session.

By resolving issues in an open and collaborative manner, organizations minimize the risk of the costs associated with high staff turnover and find ways to retain valued and committed employees. The sooner you bring an issue to mediation, the better as timeliness can prevent the conflict from growing or spreading.

It also allows all involved to be more invested in the process as they all have a stake in the outcome and, as such, as stake in the company. Because most workplace conflicts arise from competing values or poor communication, our mediation process allows the lines of communication to open and a better understanding of each other to be built.

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