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| Mediation In Relation To Formal Action |
Mediation is an alternative dispute resolution process to using formal or legal action to settle conflict.It can stand on its own or complement formalprocedures dealing with Bullying, Harassment, Grievance, Equal Opportunities, or Dignity at Work. |
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| It
is usually desirable to offer mediation before
pursuing formal investigations for the reasons shown in the table below. |
| Mediation | Formal procedures | |
| Quick | Typically takes one day. | Often takes weeks |
| Cheap | Mediation fees are considerably less than legal fees. | Interviews and fact finding involve significant management investment. |
| Effective | Heals hurts as well as resolves practical issues. | Focuses on substantive issues which ignores the impact of “minor” yet significant aspects tied in with the dispute. |
| Lasting solutions | The parties have ownership of the outcomes. | Imposed
solutions are resented so conflict
can re-emerge. |
| Dignified | The process is empowering, private and confidential | Looks to find fault and ignores peoples feelings. |
| Mediation is particularly effective when used at the initial phase of any disagreement. An early intervention can prevent the difference turning into a full blown dispute and a potential employment tribunal claim where there are legal grounds. | ||||
| It is also appropriate once things have escalated. However, when both sides have become entrenched there is a greater challenge to open up the situation and widen people’s perspectives. | ||||
| Mediation can also be used after a formal procedure has been concluded. For instance following a grievance investigation working relationships are likely to be damaged whether or not the complaint was upheld. The mediator can help repair relationships and encourage effective and cordial teamwork. |
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| Mediator: Paul Holder | Tel: 0117 924 6868 |
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