Workplace & Commercial Mediation

Conflict is a fact of life even in the best-run organisations.

Workplace & Civil mediation MAIN pageIt is called many names: disagreement, disharmony, dispute, difficulty or differences, however, the results of mis-managed conflict are invariably the same:

  • at best unwelcome distraction from a heavy workload;
  • at worst damage which may threaten the organisation and lose valuable members of staff.

On the other hand, conflict can be productive, with healthy disagreement often fuelling debates from which positive change and new ideas emerge. Conflicting views can lead to discussion and refinement of solutions, leading to more informed decisions.

It is important that a conflict management system provides options for all types of problems within an organisation, and mediation can offer an effective early intervention providing dispute resolution without the need to implement complex policies and grievance procedures.

As independent mediators with neither decision making authority nor the power to impose a resolution, we provide a highly successful method of resolving even the most intractable deadlock!

Mediation is a flexible process conducted confidentially in which a neutral person actively assists the parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of resolution.

Important facts about mediation:

  • Over 70% of cases settle at mediation, with a further 20% settling within the following weeks, after parties have seen and explored the other person’s position.
  • Of the companies using mediation, over 77% said it was quicker, over 78% said it was more effective and almost 80% said it had reduced their anticipated legal costs.

Cutting the cost of conflict in the workplace

We can help by coming into organisations to deal with conflicts/disputes through the means of mediation.

In addition:

  • We can train senior key members of staff in conflict resolution skills to deal with conflict at very early stages
  • We can provide organisations with the processes, policies, tools and skills necessary to build excellent negotiation and conflict management capabilities. As a result, our clients achieve the benefits of early and cost effective conflict management, enhancing the organisations profile and employees contribution
  • Our clients are then far less reliant on tribunal or legal remedies or crisis response.
  • Valuable employees and members of the organisation are retained and productivity is restored.

Commercial disputes invariably are concerned about money.

Business partnership disputes ALSO use for Board disputesThey may cover a huge spectrum of cases, ranging from personal injury/medical negligence claims to contract disputes, probate disputes while also dealing with the full spectrum of commercial/ contract /business issues.

Underlying the financial aspects of these cases, are also the emotions of the parties involved, and mediation has been seen to be very cathartic to some clients where an injury to themselves or a relative has occurred.

As a means of offering an alternative to litigation, mediation is a non binding process in which an impartial third party, the mediator, facilitates the negotiation process between the disputants. As the mediator has no decision-making power, the disputants maintain control over the substantive outcome of the mediation.

If you wish to compare mediation cases with the more formal forms of resolution available to clients through means of Arbitration or Trial, the disadvantages to the clients are that the more formalised the route taken for dispute resolution then:

  • The process becomes increasingly formal
  • The potential for damage to the relationship between the disputants increases
  • The processes become more expensive
  • The processes take longer to reach resolution from the commencement of the dispute
  • There is an increasing focus on the disputant’s rights as opposed to their interests

We are committed to helping clients achieve more satisfactory results through mediation.

Our mediators may be instructed to conduct either a mandatory or voluntary process. In mandatory mediations, the disputants are required to attend the mediation, but they are not required to arrive at a settlement.

Mediation may be court-connected or private. If the disputants so choose, mediation can be confidential.

For more information please do not hesitate to contact us.