okay this view a video I'm going to take a look at mediation in employment
disputes what is mediation when is accused and what's involved what are the
pros and cons of mediation mediation is basically a form of alternative dispute
resolution a third-party mediator professional mediator helps the parties
in dispute to come to their own solution so the key thing is the parties
themselves arrive at a solution it's not imposed it's commonly used in situations
where you might have a personality clash miscommunications allegations of
harassment or bullying and misunderstandings of obligations it's a
voluntary process it must be agreeable to both parties the goal is for the
parties to come to their own solution and it's not binding on the parties
until they sign an agreement the advantages of mediation are that it's
informal both parties get to have their say it's inexpensive the parties
assisted by a mediator arrive at their own solution that's quite possible
that's when parties arrive at a solution themselves this greater amount of buying
done if a solution is imposed it can be faster obviously than waiting to go to
the workplace eration situation or the court the workplace relations commission
uses or provide the service the early resolution service it's a mediation
service it may be offered to the parties for WRC complaint is submitted it's not
offered in all situations but may be offered section 39 of the workplace
relations like 2015 provides the legislative basis for this all records
are notes arising from this mediation are confidential unless they're needed
to resolve a further disturbs in other words a dispute could arise down the
road as the court was actually agreed or you know so only in those situations
with the records and notes be produced the stages of mediation then we'll both
parties meet the mediator alone the meeting will then take place between the
parties and the mediator issues will be explored and hopefully a solution will
be arrived up the agreement is then explained to both parties and signed by
the parties a mediation though is not always appropriate you should not be
used as a first response in other words the parties should actually be
encouraged to discuss themselves and talk to or another before going to a
mediation situation where you're bringing in an external person a
professional mediator it should not be used to avoid making decisions in other
words for management to hide behind difficult decisions it should not be
used if adjudication is needed so if a party alleges bullying or harassment or
something of a serious nature against another party well then it may not be
appropriate at all and one of the parties the alleged victim will
obviously be entitled to an adjudication of what they claim is wrong if the
alleged victim of bullying harassment wanted investigators well then clearly
mediation would not be suitable an investigation should be carried out and
then it's not suitable if one of the parties is completely intransigent and
bringing in a mediator and engaging in a mediation process will raise unrealistic
expectations it's not appropriate then also if the parties do not have the
power to settle the dispute a mediation agreement is important it should be
signed by the parties before the mediation process at all you can set out
the ground rules for both parties it should have clauses in its dealing with
costs legal status and effect of the mediation the parties involved obviously
a confidentiality clause without prejudice clause and authority and
status clothes in conclusion mediation can be useful in particular
circumstances an experienced skilled mediator will give the greatest chance
of successful mediation it's not always appropriate though and
have gone through those situations there where is not appropriate my name is
Terry gory I'm a solicitor in enfield they do quite a bit of employment law if
you find this video useful you might just give it the thumbs up below or
leave a comment in the box of YouTube or else just subscribe to my channel thank
you for watching