In 2007 Michael Gibbons wrote the M Gibbons review and in April 2009 a new Employment Act came into force, encouraging the use of mediation in the workplace, highlighting the benefits of mediation rather than expending the time, cost and stress of going through an Employment Tribunal.
If you’re constantly being undermined by the boss, feel shaky with anxiety about low-grade sniping by colleagues in the office, or discover that a colleague has been stabbing you in the back, then you’re experiencing a level of workplace conflict that’s likely to result in long-term misery and frustration at best, or an industrial tribunal at worst.
Workplace mediation, however, is a potential solution. It’s an approach that’s gaining currency with human resources departments, even though it can initially feel terrifying, particularly for junior members of staff. For a manager who agrees to go to mediation because of a conflict that’s arisen in his or her department, there can additionally be an uncomfortable feeling of failure at their own inability to find a solution.
Possible causes of conflict
Bullying, harassment, feeling isolated and alone
The victim leaves, goes on long term sick due to stress
Rigid grievance and disciplinary processes forced on people as the only escape, which do not really address the key issues
Wasted manpower, resources, a domino effect on external departments, those not involved are brought in with a view to assist in resolving the dispute, HR, management, unions, legal
Mediation in the workplace can prevent and stop all of the above from occurring, being a quick, flexible, voluntary process removing the barriers that have led to people becoming entangled in a dispute to be broken down quickly, paving the way for broken relationships to be easily fixed, making them responsible for the solution on how they can once again work alongside / with one another without the need to use more formal or legal procedures and the hassle of instigating / defending a tribunal claim.
Benefits of Mediation
Mediation can be quicker, less stressful and cheaper than going to court. Once a settlement has been reached a mediation agreement can be drawn up. Parties tend to keep to the mediation agreement because they have prepared the terms themselves. Mediations are completely confidential and the information discussed within them cannot be used in Court or in any other legal action issued at a later date
Pursue Employment Mediation with EAD today
If you believe you would benefit from mediation in the workplace then EAD can help. Our dedicated employment solicitors have extensive experience of representing clients in similar circumstances and can help you find a solution. No matter how complex your case, we will give you practical advice and help to ensure that your interests are protected.
Call 0151 735 1000 and speak to our Liverpool employment law solicitors, or use our online Ask EAD app that provides free legal advice.
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