Newsletter – February 2012
HR / Workplace Mediation – Planning is the key to a successful mediation
In recent months we at Mediate Ireland have seen a dramatic increase in the number of employment, workplace, management and HR related mediations that we have undertaken. This is probably as a result of the significant delays experienced in progressing a case through a Rights Commissioner and the Labour Relations Commission, which in most cases can be as long as 18 months.
Employment, HR, Workplace Mediations must be carefully set up, with careful consideration given and consultation with all parties involved. It is vitally important that the mediation is sensitively tailored to the situation’s requirements and circumstances, while at all times preserving the impartiality of the mediator and the integrity of the process.
Mediation Used by Glaxo to Settle Almost 25,000 Avandia Diabetes-Drug Claims
GlaxoSmithKline Plc settled almost 25,000 cases over its Avandia diabetes drug in mediation. In November, U.S. District Judge Cynthia Rufe appointed a mediator to preside over settlement negotiations.
She also set a 75-day deadline to resolve 85 percent of the remaining cases. In a court hearing today Judge Cynthia Rufe applauded the effort as “a major success.”
Irish High Court Judge calls for “Compulsory Mediation”
Remarking on a high court case involving a public right of way, Mr Justice John MacMenamin said there was “a strong case” for reforming the law concerning the existence of public rights of way and suggested reform should include “compulsory mediation” before any litigation.
While mediation was proposed “more than once”, the parties “could not or would not compromise” and the “bitterness” between them was clear, he said. Neither side had shown the degree of toleration one would normally expect and actions by both sides were “totally disproportionate” to the issues at stake.
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