Mediation provides a structured, effective means of avoiding Employment Tribunals and Courts and bringing disputes to resolution in a quicker and more efficient and cost effective manner. Using an independent impartial, third party to guide negotiations can often help to defuse difficult situations. The parties can make comments to the mediator, who, properly managing the flow of information, transmits that information to the other side but ensures that it is done in a manner most helpful to achieving resolution.
Mediation is cost effective, confidential and discrete, and provides certainty to the parties in that they will sign up to their own resolution and thus it can also deliver to the parties benefits unavailable in an employment tribunal or court. Generally speaking, the sooner the issues are identified and explored the better the prospect of mutually acceptable resolution: Mediate Ireland provide a quick, cost-effective and confidential service because people want to get on with their lives.
Where the relationship looks as if it might be salvaged, the parties can plot both steps for desired change to achieve harmony and also, where necessary an agreed exit strategy. That way, if the issues rear their ugly heads again, the parties will already have agreed as to how they will deal with them. If the relationship is beyond repair, benefits can be obtained by agreement which cannot be ordered by courts or tribunals: agreed references, effective covenants about workplace information and individuals, and secrecy.
Where difficulties arise between workers, or with relationships between them, employers often feel that their only choice lies between disciplining one of the combatants or, removing a difficult individual. Personality clashes can be avoided or managed if an environment for resolving disputes or differences without commencing formal procedures is in place.
Mediation can fill what is currently a very expensive gap – in human, management, production and legal terms – in the present strategies and structures adopted and available. New strategies to introduce Mediation are patently beneficial from all perspectives – effective strategies not only for when issues have arisen and relationships have broken down, but also as structures and means for heading off and avoiding breakdown. Entrenchment and embitterment can be avoided by the adoption of such Mediation structures and practices.
The adoption of positions of employers and employer organizations on the one hand and of employees and unions on the other have become so ingrained in Grievance and Disciplinary procedures and precedents that very often the particular problem that requires resolution – the wood – becomes totally lost in habitual responses, practices and procedures – the trees. Mediation practices and skills will keep focus on the issues and, more particularly, on means of resolving them that are acceptable to all parties.
The value of Mediation is recognised by the Equality Tribunal and the Labour Relations Commission and both of them have established mediation processes and procedures. Early mediation can produce resolution even before cases get to that stage. Assertions of bullying and harassment are best dealt with at the earliest possible opportunity.
Mediation is a voluntary process in which the parties agree to participate – ergo, the right to withdraw is implicit. The mediator is impartial, facilitative and totally non-judgemental. It can start as soon as the parties are ready and available irrespective of the level to which the dipute has already escalated – the sooner the better.
If you have a client or know someone who may benefit from the Mediation Services that we provide please contact, Mark Small on 052-6123711 to discuss your requirements or organize a mediation.
For more information on our mediation services CLICK HERE
Mediation Advocacy Training
Mediate Ireland provides training programs to anybody involved in the Mediation Process. One of our most popular programs is “An introduction to Mediation Advocacy”, which is specifically for professionals who represent their clients at a mediation. This is a afternoon program (6 CPD hrs are available) which runs regularly throughout the year.
For more information on our training programs CLICK HERE