Trusted Legal Advisors In The Modern Workplace

Should we mediate our employment dispute?

On Behalf of | Sep 6, 2024 | Employment Law |

Workplace disputes can be stressful and disruptive for all parties involved. However, mediation offers a less contentious way to resolve these issues. This post will explain what employment mediation entails and why it can be effective.

What does employment mediation entail?

Employment mediation is a process where a neutral third party, called a mediator, helps employers and employees resolve disputes. The mediator does not take sides or make decisions. Instead, they facilitate discussions to help both parties reach a mutually acceptable solution.

Mediation can be particularly effective in a city with a diverse workforce and progressive employment laws. The process usually involves the following steps:

  • Initial meeting: The mediator meets with both parties to understand the issues.
  • Joint sessions: Both parties come together to discuss their concerns.
  • Private sessions: The mediator may meet with each party separately to explore solutions.
  • Agreement: If both parties agree, the mediator helps draft a settlement.

Parties are not on their own when it comes to mediation; a trained mediator guides the process. Additionally, lawyers and other professionals can provide valuable guidance, helping everyone make informed decisions and work towards a solution that benefits everyone.

Why mediation works

Mediation can be a powerful tool when discussions stall. For example, in the recent HandyDART dispute in Vancouver, parties are bringing in a mediator to help facilitate progressive discussions. This approach can help both sides communicate more effectively and find common ground.

Some reasons why mediation can be beneficial in similar scenarios include:

  • Cost-effective: Mediation is usually cheaper than litigation.
  • Time-saving: It can resolve disputes faster than court proceedings.
  • Confidential: Discussions in mediation are private and cannot be used in any legal proceedings.
  • Preserves relationships: Mediation fosters cooperation, which can help maintain professional relationships.

Mediation can be a practical solution when traditional discussions fail. It provides a structured environment where both parties can openly discuss their issues and work towards a resolution.

Mediating workplace disputes can be a practical approach, but it is not the only dispute resolution option. Other alternative dispute mechanisms such as arbitration also help people reach a resolution without going to court. Discussing the available options with a lawyer can help employers and employees determine the best course of action. 

Categories

Archives

FindLaw Network

Industry Partner of

CPHR | Chartered Professionals In Human Resources | British Columbia & Yukon