We offer a range of mediation and litigation services in relation to our key practice areas of Data Protection and Employment Law.
We appreciate that litigation may not always be the best option or provide the optimal results for our clients. Such cases often arise in workplace disagreements as businesses face relentless competitive challenge and are subject to on-going change and re-organisation. There can often be challenges in dealing with cultural diversity and changing social values. It is not surprising that such challenges can sometimes impinge on individual or group working relationships. If appropriate to the individual circumstances, we offer the following forms of alternative dispute resolution:
What is mediation? Mediation is a confidential process entered into voluntarily by the parties concerned. The mediator must be independent and act without bias. The process provides an opportunity to the parties to address their differences or conflicts and to explore how they can work together to seek resolution in a safe and confidential environment.
When is mediation appropriate? Mediation is best utilized at the earliest stages of a dispute, disagreement or complaint. It is particularly useful where disagreement is based on misunderstanding, different personal values or work styles. In our experience, it has proved particularly valuable in disputes between senior staff or in relation to allegations of bullying or harassment.
Facilitation: Is an approach often used for more entrenched disputes or for difficulties which may follow from a business change or re-organization. The process is tailored to the individual dispute and may require discussion with others in the organization outside of the individuals involved in a dispute.
Example: If a re-organisation results in a poor employee/job fit in a particular instance, several issues may subsequently arise, such as poor performance ratings and worsening relations with their supervision. In this case, the facilitator may have to liaise with HR regarding suggested changes by disputing parties to the team or job structure in addition to working with the employee and supervisor on resolving their differences.
Workplace Investigations: We have significant experience in workplace investigations in relation to all manner of complaints and grievances. Fact finding investigations are often required where there is an allegation or complaint of wrong-doing raised against an employee. The purpose of the investigation is to investigate facts from which the employer can then decide whether to proceed to further disciplinary action, where appropriate.