Mediation as a method of resolving workplace disputes

When there is a dispute in the workplace, there are several ways to resolve a problem without going to court. They include mediation, conciliation and arbitration. In this article, we will deal with mediation.

mediation2-247x164Mediation is basically a process when an intermediary is hired in order to help resolve a dispute by finding a compromise, so that both sides are satisfied. The intermediary is called a “mediator” and he or she is an impartial expert, who needs to talk to both sides individually and then to them together, in order to hear both sides and points of view and then come up with the solution which should work best for the parties involved in the dispute.

Mediation is usually used in an early stage of a dispute, when there is still no need to take the case to a court or an employment tribunal.

There are several advantages to this type of dispute resolving:

clients_pht-It allows immediate reaction when the dispute arises.
-It is almost always short lasting and it does not require more than a day, which makes it significantly less time consuming than engaging some of the other two methods of resolving disputes or taking the case to a court.

-It is far simpler and much less stressful than taking the case to a court. -It is less expensive, since there are no court expenses which are usually very high.

-It requires less human resources than taking the case to a court, since only one person is enough to act as a mediator and there is no need for the attorneys, witnesses and court staff to be involved.

-It is confidential, and unlike taking the case to a court, it can be resolved between the disputed parties only, while the mediator is obliged to be discrete and keep the privacy of the disputed parties concerning the issue.

-Lastly, it contributes to maintaining a good relationship between the disputed parties, because it is less formal than taking the case to a court, it is quick and less time-consuming, and the mediator helps the disputed parties reach the solution themselves.

The mediator is an expert who is not only expected to tell the parties in the dispute what they should do. Instead, he or she should give advice on the issue, make people revise their behavior by asking them proper questions and suggest several different solutions until the right one is found.

Basically, the mediator should be an advisor and a counselor at the same time.

Before hiring a mediator, the parties facing the dispute should formally agree to accepting the mediator’s decision. If there is a written and signed agreement between the parties that the mediator’s advice should be taken as final decision, then this decision is considered legally binding.

If there is no written agreement, then the mediator serves to help resolving a dispute without taking legal action, and if the parties are still not satisfied with the solution, the case can further be taken to a court. In the end, have in mind that you must check Lawyer PR and the reputation of a mediator before you decide to choose one.

Author: Diana Campo

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