dispute resolution

Disputes are a fact of organisational life and should be dealt with swiftly and constructively.  They rarely are.

They do not disappear through some peculiar process of osmosis, as some might wish, because this process does not exist.

Typically disputes have a particular shape or architecture - a series of spikes that grow and are amplified as the dispute spins out of control and various procedures take over.

Mediate or litigate?

I am a keen hillwalker and wanted to combine one of my passions with my mediation activities in an image which captures both activities.

This image captures neatly the choices individuals and employers face when dealing with e.g. a workplace dispute.  Either route up the mountain is challenging, but only one leads to a mutually agreed, confidential solution at minimal cost.

the benefits of Mediation

Mediation is increasingly used to resolve disputes and is attractive for a number of reasons:

  • It is confidential and any final agreement, which can be legally binding, will reinforce the confidentiality of mediation discussions and the terms of the agreement

  • Those involved do not have to worry about publicity

  • It is "without prejudice" and so all possible solutions can be explored before an agreement is signed

  • Those involved retain control of the mediation and the agreement rather than passing it to somebody else e.g. a Tribunal or an Arbitrator. As a result, the mediation is less formal

  • Those involved can be supported by existing legal advisers

  • It is a cost-effective means of resolving a dispute with a typical mediation taking no more than one day

  • Even if mediation is not successful, the discussions often lead to a resolution at a later date, again without further litigation

  • Mediation can identify solutions which are not evident during the early stages of a dispute or subsequent litigation e.g. a simple apology

  • Courts increasingly expect claimants to have mediated before litigating and will expect the mediation effort to be a serious one

  • Litigation is not only time consuming and costly, it is also distracting and worrying over many months for all those involved