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ACAS
June 2009
ACAS CODE OF PRACTICE
WHAT’S WORKPLACE MEDIATION?
For the very fist time, workplace mediation is being promoted under the new ACAS Code of Practice. But what is it, and how can it help you avoid a costly trip to your local employment tribunal?
Introducing mediation
Although you are not forced to follow the ACAS Code of Practice, tribunals are likely to take it into account when considering cases. The Code recommends that parties look at resolving disputes informally before heading off to a tribunal. It suggests mediation as a way to do this. So what does it involve and why is it being promoted as an alternative to litigation?
An overview
Mediation is conducted by a neutral mediator who identifes the issues, promotes discussion and aims to find a solution to suit both sides. They can be internal to your business or someone from an external organisation. What is important is that they are independent, i.e. they have had no involvement in the case.
Tip. Mediation is usually arranged by the employer and is suitable for all types of disciplinary and grievance dispute( provided both sides are willing to try it) It can be started at any point, but the parties remain free to walk away and ask a tribunal to look at the matter.
What are its advantages?
Mediation has financial advantages. Research shows the average cost of defending a tribunal claim is around £9000 – that’s before you add on any compensation that may be awarded. In contrast, the services of an external mediator would cost a few hundred pounds for the day, or cheaper still if you used a manager from within your business. Also, mediation sessions usually last less than a day, so there are substantial time savings to be made.
Are there any pitfalls?
One hurdle you might face is getting the employee’s consent. It’s possible they will be suspicious of a process they see as employer-driven, or they may want their day in court. So reassure them that the mediator is impartial.
Problem. As the industry is unregulated, there is a possible pitfall when using external mediators. Some may see mediation as a way to make easy money and offer such services without having any experience or insurance.
Tip 1. If you want to use an external mediator, the closest to an official body is the Civil Mediation Council. It can provide details of accredited mediators by location. experience and expertise.
Tip 2. If you are targeted by businesses trying to sell mediation services that state it’s compulsory, ignore them. Mediation is voluntary.
Tip 3. ACAS also offers a variety of mediation services, including it’s new Pre-Claim Conciliation, which we covered in a previous article.
Flexibility. As any workplace disputes centre on staff management issues, mediation can be a cost effective way of nipping a conflict in the bud. It allows you to resolve disputes quickly. Plus, if a tribunal considers a matter it will issue a binding decision, whereas mediation can allow you to find an answer tat suits everyone.
Source: Tips & Advice Personnel 25thJune 2009
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