Mediation works because it:
- turns a two way fight into a three way search for a solution.
- does not prevent you seeking independent legal advice.
Mediation is a specialist area. A qualified mediator will seek to broker a voluntary agreement between two sides in a dispute. This may be between employer and employee, between different individuals or groups in the workplace, or even potentially between directors or senior managers in a company.Mediation is a very well defined process which ensures fairness and equity for both sides, complete confidentiality and a safe environment in which to operate. It has a very high success rate because of its voluntary nature. Used properly it can often diffuse difficult situations long before either side resorts to the law.Mediation’s strength is that it does not have the power to impose an agreement, so a mediated settlement created voluntarily by both sides can be very powerful.
- Confidentiality – Mediation is confidential and disputes can be resolved away from the glare of publicity.
- As it is completely voluntary, either side can walk away at any time.
- A cheaper and quicker agreement than an Employment Tribunal.
- Parties are generally more satisfied than with solutions that are imposed by a third party.
- They are also more likely to follow through and comply with its terms.
- Mediated settlements are able to address any issues, not just those that concern the law. They often cover procedural and psychological issues that courts and tribunals cannot consider. The parties can tailor their settlement to their particular situation.
- Gains and losses are more predictable in a mediated settlement than they would be if a case is arbitrated or adjudicated.
- Mediation can occur early in the process – it can address all parties’ interests and can often preserve a working relationship in ways that would not be possible in a win/lose procedure. Mediation can also make the termination of a relationship more amicable.
- The nature of the mediation process tries to keep conflict at bay and work to the requirements of both parties.
BackupHR™’s Consultants are experienced in conflict resolution and have been using the process successfully for many years.
I found the whole mediation process to be very helpful and the actual process was exceedingly well handled with both sides to the dispute being treated fairly and professionally. I would use this process again if the need should ever arise.