Mediation is potentially quicker and cheaper than formal processes and can help preserve the employment relationship. Mediation is a powerful tool in managing disputes. Both parties are helped, through the assistance of a trained mediator, to reach a mutually agreeable outcome and a resolution to their dispute.
Mediation can be used in a variety of workplace situations:
- Dealing with relationship breakdowns between colleagues or between managers
- Perceived bullying or harassment
- Perceived discrimination
There are many advantages to using an independent, external and neutral third party who brings a fresh voice and new skills to dispute resolution. Mediation can help "nip things in the bud" and prevent a dispute escalating further.
Mediation is favoured by the Courts
Mediation is now much favoured by the courts and the Rules of the Superior Courts were amended in September 2012 to make mediation agreements enforceable in the courts.
Many contracts of employment and policies (anti-bullying, grievance and discipline) do not have a dispute resolution clause or do not allow for mediation. We can supply a standard dispute resolution clause for incorporation in to employment contracts and the relevant policies.