The aim of mediation in the workplace is to restore and maintain the working relationship if at all possible.
Mediation is a voluntary and confidential form of alternative dispute resolution. It involves an independent, impartial third party helping two or more individuals or groups to reach a solution that works and is acceptable for everyone.
The focus is therefore on finding a way to work together going forward, not dwelling on what has happened in the past and who is to blame.
Resolutions made by way of mediation are not legally binding and there won’t be a judgment enforced on the parties. The benefit of mediation is that it allows the parties to agree much more creative ways of settling their dispute. Instead of being bound by legal principles and the main remedy in the courts of financial compensation, with the assistance of a mediator, the parties can reach a resolution that they are happy with, which might include an apology, training, a structured payment or renegotiation of a contract.
Furthermore, where a grievance has arisen in the workplace, the use of an impartial third party mediator to try to resolve the issues is recommended in the ACAS Code of Practice, and therefore taking part in mediation can help you to show that you have complied with the Code if you need to in any subsequent claim.
At Banner Jones, we are more than happy to be able to refer our clients to specially trained mediators who are experts at resolving disputes that arise in the workplace.
We have developed an Unfair Dismissal Guide for Employees to provide you with essential information on employment rights, capability, conduct, gross misconduct, redundancy, illegality and automatic unfair dismissals.
We have put together a redundancy procedure guide for employers to outline the full process, selecting people for redundancy, common mistakes and vital information you should consider to be able to make informed decisions.
Being told that your job is at risk of being made redundant is a devastating blow for anyone. Redundancy can have a significant financial impact on you and your family. This guide will give some useful action points that can help you understand your rights when facing redundancy and steps you can take to try and find other employment.