Mediation - Employment Mediation 1 by anamaulida


									Employment mediation is one of the most effective solutions to resolve
disputes without the hassle of having to attend court through the
litigation process. Parties who both agree to mediation to solve a
employment dispute would be much more likely to resolve their problem.
But, even though mediation is an acceptable form of alternative dispute
resolution (ADR), and is proven to be an effective and money saving
method, it can sometimes be ignored in employment cases. Both parties who
go to mediation early on in their employment dispute will have a better
chance of; saving money on legal fees, saving more time, causing less
damage to reputations and avoid a long and upsetting legal battle which
could effect either parties mentally and physically.With cases that go to
court, settlements will usually be agreed on the date of the final
hearing of the employment dispute case, after an huge expense has been
effected both sides. Usually settlements at this stage are the result of
the parties meeting for the first time face to face in a long while. From
this perspective it clearly demonstrates that the dispute could have been
resolved through face to face discussion at an much earlier time through
mediation. The main advantage to mediation is that the parties will
resolve the dispute through a win/win situation as it gives the parties
the ability to agree to terms which a court may not have given.Employment
mediation will most commonly involve disputes about the termination of
contractual relationships. Usually a financial agreement would be
reached, but mediation offers many other options besides money; it offers
more options than a court, which include for example, an explanation or
an apology. Mediators who specialise in employment law would bring a
fresh approach to the resolving of the dispute by offering a variety of
options that both parties may not have thought of before. The mediator
would guide through a negotiated settlement that would be obtained by an
agreement between both parties.Employment mediation function is to help
two or more parties who are experiencing problems at work and progress
towards an agreement which will help continue a good working
relationship. Employment mediators are trained to bring together both
parties to avoid the need for anyl court proceedings that would be time-
consuming and expensive. These problematic factors can be completely
avoided through the use of mediation, the courts will question any lack
of alternative dispute resolution which would look badly on your case if
you do not have a reasonable explanation for not considering this route.

To top