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Mediation in the Workplace

Workplace mediation is frequently used to prevent disagreements escalating and to rebuild positive working relationships between colleagues. Using this process brings early resolution, enabling employees to become more productive and avoiding protracted, time-consuming disciplinary or grievance procedures. Preventing the need for an investigation and potential hearing results in there being no winners and losers and enables trust and confidence to be restored.

Workplace mediation is a future focussed  voluntary process. Typically the mediator will meet separately with both/all participants to outline the process and to be informed of the background to the dispute. This will be followed by closed(individual) or open sessions flexibly arranged to produce the best chance of resolution.

The earlier mediation is used with workplace difficulties the greater the likelihood of repairing the employment relationship.

Mediation can be used in a range of situations
For example:-

  • Potential or actual grievance
  • Potential disciplinary procedures
  • Trade union disputes
  • Potential employment tribunal cases
  • Discrimination cases
  • Long term absence
  • Helping colleagues to form an effective working relationship where there are different values or working styles
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Employment Mediation

Employment Mediation is used when an employee or former employee are in dispute with an employer and need to negotiate a compromise or settlement agreement. This is not with the intention of a return to work but where there is no likelihood of repairing the employment relationship. Employees are often supported by union representatives or legal advisors. These are usually resolved within a day, preventing long drawn out negotiations or the possibility of a tribunal.

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Civil Mediation

Disputes are nearly always costly and time-consuming. They also cause an extreme amount of stress and may continue for a long time. Through mediation, participants take part in a voluntary, confidential process usually bringing resolution within a day.

The mediator will work flexibly and impartially with participants leading discussions with everyone present or in private . Discussions in private sessions are confidential and are never shared with other participants without authority. The mediator helps participants to identify what is important to them and to work towards a mutually acceptable solution. At successful conclusion of the mediation, participants or their representatives, draw up the agreement which sets out the terms of the negotiated solution

Civil mediation can be used effectively in a range of situations
For example:-

  • Consumer disputes
  • Disputes with government or local authorities e.g. service provision of the States of Guernsey
  • Neighbour disputes
  • Professional service disputes
  • Landlord and tenant disputes
  • Contentious probate
  • Difficulties within education
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Commercial Mediation

Commercial mediation is an extremely successful way of resolving disputes without going to court. It is a quick and cost-effective way to reach an agreement and prevent the need for stressful, expensive and time consuming legal proceedings. It can be used to quickly resolve commercial disputes between companies or organisations. Commercial mediation can be used effectively in a range of circumstances such as:-

  • Breach of Contract
  • Commercial property disputes
  • Disputed debts
  • Personal injury claims
  • Disputes with government/local authorities
  • Difficult negotiations between companies/organisations

The format for commercial mediations is similar to civil mediation with a flexible approach employed.

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Training & Personal Development

Interpersonal conflict is an inevitable and usual part of personal and professional lives. However many people avoid it altogether or handle it in a way that is counterproductive for themselves or others. As a result this can be extremely damaging and costly to an organisation both in human and financial terms.

Alan Brown Mediation can offer bespoke training for organisations taking a pro-active approach to ensuring conflict is dealt with effectively or for an organisation where poorly managed conflict is already having a negative impact. This can range from a one hour introductory overview to a full day of training.

Coaching can also be provided for individuals or teams to support development through or following a conflict situation. This enables those involved to gain increased confidence and competence to deal more effectively with current and future conflict in the workplace.