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MEDIATION IN THE WORKPLACE
Mediation within the workplace offers parties involved in
workplace or employment disputes a sensible and practical
alternative
to the conventional litigation route.
Penk Valley
Solutions Workplace Mediation Service is not substitute
for legal advice. It is however, a process whereby highly
qualified and professional mediators provide a forum for
proactive, informed and fair negotiations. This enables
parties to develop their own workable settlement supported
by the appropriate legal framework.
Conflict at work
takes many forms. It might be a client or customer who has a
dispute with you or your organisation. It may concern a
problem between an employee and a manager or conflict
between two co-workers. Any dispute can get in the way of
work and make your business less productive and less
profitable.
Dealing with disputes
at an early stage and stopping the situation developing into
a full-blown dispute will save time, money and stress later
on. Research shows that over £800 million pounds worth of
business is saved each year through mediation within the
workplace. The average cost of litigation stands at over
£20,000 per case. Harmonious workplace relationships are
therefore essential for optimum business efficiency. Even
minor problems can develop into grievances or disputes if
they're not dealt with quickly and effectively.
Having suitable policies and
procedures to resolve workplace problems is essential, in
many cases a positive result can be achieved through early
and informal intervention with the use of Alternative
Dispute Resolution (ADR) techniques.
Litigation is the
traditional approach most often used by parties who have
exhausted their grievance or dispute procedure during
workplace disputes.
However, the route to achieving
that outcome has a number of drawbacks:
-
It is often costly, both
financially and in terms of individual and
organisational stress
-
Time consuming for
individuals across different parts of the organisation
-
The outcome will usually be
based on a strict interpretation of applicable laws
-
The interests and needs of
the parties are seldom addressed by this conventional
approach
-
The underlying cause for the
grievance continues to fester away.
-
Economic and business
factors are not able to be considered by the court
Alternative Dispute Resolution
and in particular Mediation
has the following benefits:
-
Mediation
can be applied to any situation where two parties are in
dispute. These include but are not limited to;
employment disputes, boundary disputes, commercial
dealings between parties, medical or clinical negligence
claims, patient care claims, housing disputes, trade
disputes, libel or slander disputes, disputes within the
education system and disputes with public organisations
such as a Local Authority.
-
Unlike at
court, with mediation you have the opportunity to get
all of your side of the story across to the other side.
-
There are no
complicated court rules to follow during the mediation
process.
-
There is no
requirement to place the claim before a particular court
based on the value of the claim or nature of the claim.
-
There is no
requirement for the completion of lengthy documentation
in the mediation process.
-
Mediation is
more economical. The average legal fees for litigation
are in excess of £20,000 per party, per case. Mediation
can start at just £50 plus VAT per party, per hour
-
Mediation
can provide a quick resolution to your dispute. The
average time for the resolution of disputes through
litigation is in excess of 18 months. Mediation normally
takes place on just one day.
-
Mediation
brings parties to a mutually acceptable agreement.
Unlike a court, with mediation you can agree terms that
are otherwise beyond the scope or powers of a court to
impose.
-
Mediation is
conducted in Private, with Full Confidentiality and is
None Binding to the Point of Agreement and is without
prejudice. In other words, you loose nothing by going to
a mediator.
-
When you
agree on a settlement the facts of the agreement will
not be disclosed to the general public or published in a
court journal. The Press will not get the details of
your settlement and publish it later that day.
-
Mediation is
voluntary. Each party comes to mediation as a willing
party wanting to settle.
-
The Mediator
makes no judgements.
-
Neither
party are required to stand up in a court and explain
the facts or undergo unpleasant adversarial
cross-examination. You are not made to feel
uncomfortable.
-
The distress
for all parties is greatly reduced.
Trials are no longer encouraged by the civil claims system.
It is clear from the Civil Procedure Rules 1999 (the CPR)
that trial is to be regarded as a last resort. Those who
approach litigation, whether before or after proceedings are
issued, in an uncooperative or unreasonable fashion, or in a
manner or at a cost disproportionate to the issues involved,
may face unpleasant costs sanctions at trial even if they
“win”. In other words, you may have to pay considerable
costs from any damages awarded to you or pay additional
costs having successfully defended a claim.
Enshrined in the overriding objective of the CPR and from
the 6th of April 2009 in employment or workplace
disputes, is the requirement on a Court or Tribunal to
exercise its active management powers: including
encouragement to use alternative or complementary processes
such as mediation to settle cases at the earliest suitable
time, thus avoiding the frustrations and expense of
continuing litigation. In every case, the parties must in
effect see if it can be settled without recourse first to
proceedings and later to trial.
Throughout the mediation process, the decision-making rests
with the parties. Penk Valley Solutions Ltd. have
Mediators who assist in identifying issues and information
needs, reducing obstacles to communication, exploring
alternatives and focusing on the needs and interests of
those most affected by the dispute.
Why choose
Penk Valley Solutions?
-
Professionalism,
integrity and impartiality are key qualities of Penk
Valley Solutions Civil and Commercial Mediation Service.
We are able to make sure you are offered the right mediator
in terms of experience, location and cost for your dispute.
-
We offer a quick and effective processes for handling
all mediation referrals
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We are Members of the Civil Mediation Council (CMC)
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We have accredited Panel Members who are members of ADR
Group
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We have accredited Panel Members who are individual
members of the CMC
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We are members of the National Mediation Helpline (NMH)**
-
We are members of the Civil Mediation Council Workplace
Mediation Providers Scheme***
-
We operate a national panel of accredited mediators
offering clients a choice of mediators by specialism and
geography
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We have full Professional Indemnity Insurance
-
We are cost effective.
-
We offer a professional service.
To learn more about our
alternative resolution services (ADR) services
contact
Penk Valley Solutions directly on 0121 370
4755
We will be happy to provide
FREE, CONFIDENTIAL, NO OBLIGATION advice
on ADR and our
services.
*
Based on two parties paying
£50 per hour per party plus VAT. Venue costs may need to be
added and divided between both parties.
**
Application has been submitted and is currently being
reviewed by the CMC and NMS scrutiny panel
***
Application has been submitted and is currently under review
by the CMC and ACAS pending publication of the scheme
providers in April 2009
** Application has been
submitted and is currently under review by the CMC and ACAS
pending publication of the scheme providers in April 2009 |
