Local mediation* can be a powerful tool for resolving disputes between employers and employees swiftly and cheaply. Mediation can be introduced, and can help, at any stage of a dispute between employee and employer, either alongside internal dispute procedures or as a separate standalone process. Local mediation can also take place before or after any employment tribunal proceedings have been issued, right up to the start of the hearing. The main requirement is that both parties should be authorised and willing to explore a mediated settlement and to abide by the outcome of any agreement.
The recent introduction of tribunal fees for employees wishing to take out employment tribunal claims has significantly reduced, but not eradicated, the risk of employment tribunal claims being made against schools and academies. The costs of defending even a single employment tribunal claim can quickly escalate to many tens of thousands of pounds, particularly where a dispute drags on unresolved for many months. However the introduction of court fees cannot eradicate altogether the risk of workplace disputes arising, even with the best employer. If not resolved at an early stage, there is a risk that disputes may become entrenched and may go on to cause considerable drain on management time and resources, undermine wider staff relations and morale and risk reputational damage.
Mediation is without prejudice to any internal procedures or external legal processes in which the parties may be involved, so that neither side risks any loss of time, money or other advantage gained by the legal procedure. Even where a dispute is not fully resolved, the mediation process can play a powerful role in bringing the parties much closer to agreement on disputed issues thereby laying the ground for a settlement before the matter reaches the hearing. If settlement proves not possible at all, clarification of the issues during mediation may reduce the length and costs of any eventual court proceedings.
How EdLex Can Help
Using CEDR-accredited mediators, EdLex offers a one-day mediation process for schools and academies that, for a fraction of the time and cost of a tribunal hearing, offers the possibility of completely resolving or significantly reducing employer/employee disputes. While we find that many HR and managers are trained in mediation techniques we believe that there are significant advantages of having a skilled third party entity such as EdLex managing a mediation process. We are usually perceived by the employee as an impartial, or at least less partial, entity than a permanently employed senior member of school staff. However, because we work with, and understand the culture, priorities and concerns of schools and academies: we are able to cut more quickly to the root of issues in dispute than would otherwise be the case. Our first hand knowledge of the practical challenges of bringing or defending legal claims often enables us to inject a timely dose of realism into our mediations – although of course we can neither advise upon nor predict the outcome of any contemplated court action during a mediation process.
For further information please see our mediation case study, If you think local mediation could benefit your school and would like to learn more about how it works please contact us for a no obligation discussion.
*Local mediation usually takes place at a local, neutral venue agreed by the parties, not a court, and does not involve lawyers acting in a judicial capacity, although a lawyer can be a mediator.