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Mediation in workplace disputes

There are several ways to sort out problems in the workplace without going to court or an Employment Tribunal, including mediation. If you and your employer agree to mediation it can be quicker and less expensive than taking legal action.

Mediation

In mediation, an impartial expert talks to both sides separately, as well as together if needed, and helps to come up with a solution they can both accept. It's usually quicker than taking legal action, often lasting less than one day, and it's almost always less expensive and stressful.

Both sides must agree to mediation. Mediation is not a free service, although if you and your employer agree to mediation, it would usually be your employer who pays.

The mediator doesn't just tell you what you should do, but advises on issues, asking questions that help people look at their own behaviour.

Mediation is best used early in a dispute. It's sometimes used as part of a grievance procedure.

Some companies have their own trained mediators, and organisations like the Advisory, Conciliation and Arbitration Service (Acas) and the Labour Relations Agency (LRA) in Northern Ireland offer professional mediation services. The Acas and LRA services are used mainly to:

  • help sort out disagreements between workers, like personality clashes
  • help sort out problems between you and your employer
  • hear appeals against disciplinary action, often in smaller companies

Acas helpline advisors will be able to let you know where you can access their paid for mediation services. From 6 April 2009, Acas will also be able to let you know how you can access other mediation legal and professional organisations.

If you go ahead with mediation it's best to be prepared by writing down the problem, the history and possible outcomes that you would find acceptable.

Agreements reached through mediation aren't legally binding, unless this is agreed in advance.

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues.

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland.

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

If you are a member of a trade union you can get help, advice and support from them.

A solicitor or advice agency may be able to help you decide the best route for you

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