Mediation and Workplace Mediation
Most disputes do not end up going to Court. They are settled by negotiation between the parties and/or their lawyers. This is sensible. Whatever faith you have in your own case, our judicial system is an adversarial one. The vagaries of a Court Hearing with witness evidence, cross-examination and input from a Judge who may have their own view of things can scupper what appears to be a strong case. There is also plenty of expense getting to that stage.
What happens if there is a logjam in your negotiations? They are not making any progress but you still believe a negotiated outcome is the best way forward. In this case you can appoint a third party Mediator to help settle the claim. It is an independent confidential process, you are in control, there is no requirement to settle, but if you do a deal it can encompass whatever the parties want, within reason. Mediation is very much part of Employment law, and indeed with the agreement of the parties, Employment Tribunals can offer judicial mediation .
Another form of mediation, workplace mediation, has been developed to deal with Employment disputes between individuals and within teams in the workplace. It is used more in the public sector than the private sector where it is starting to gain traction. A workplace mediation can improve individual and team working relationships. This can be particularly helpful where you do not want to lose valued staff.
We can advise on mediation and workplace mediation at any time. In addition, Iain Jenkins is a CEDR Accredited Mediator and an Accredited Workplace Mediator, who can be instructed on mediations by parties. Iain has mediated a number of commercial and Employment disputes. Where instructed by parties on a mediation, our fees are very competitive.