Mediation is increasingly used in a number of ways in the UK to resolve employment disputes: early conciliation by ACAS when a claim has been lodged with the Employment Tribunal (ET); judicial mediation as part of the ET process; and mediation run by accredited mediators.
Mediation has any number of benefits.
It is confidential and discreet.
Even if mediation is not successful, discussions often lead to a resolution at a later date, again without further litigation. The success rate for mediation is claimed to be as high as 70-80%.
It can identify solutions which are not evident during the early stages of a dispute or subsequent litigation e.g. the provision of a reference or an apology. To some extent, the process deals more effectively with the emotional aspects of a dispute, providing a space where they can be expressed and heard.
Litigation is not only time consuming and costly, it is also distracting and worrying over many months for all involved. The cost to the individual is clear, but it is costly in different ways for leadership teams.
In this short video, I look at how disputes happen in the workplace and their common features, in part to understand why they escalate quite so quickly and spin out of the control of those involved.
From here to there.
This article was originally prepared for my friends at Changeboard and is © Changeboard.