Archives: Mediation

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Mission Impossible? – Hospital’s obligations to cure dying relationship

Akinwunmi – v – Brighton and Sussex University Hospitals NHS Trust is the perfect example of when employment law reaches the limits of its usefulness in HR practice. For a fuller description of the facts, see Chris Lynn’s blog http://www.employmentlawworldview.com/when-20-months-unauthorised-absence-is-still-an-unfair-dismissal/. For our purposes, however, Dr Akinwunmi fell out with five of his neurosurgeon colleagues over … Continue Reading

When employee grievances go west: here’s how

In support of a good cause, here is a blatant plug on behalf of the Workplace and Employment sub-group of the Civil Mediation Counsel. We are big fans of mediation in the employment context (see our Insider’s Guide Series, starting here http://www.employmentlawworldview.com/employment-mediations-an-insiders-guide-part-1/. As a result, we are delighted to have been invited to speak again … Continue Reading

Workplace mediation in the UK – not at all a pussycat

Proponents of workplace mediation often stress its confidential and voluntary nature and the ability to fail to agree without there necessarily being any adverse consequences.  It is all about listening and rapport and trust, say those commentaries, making the whole process sound as cuddly and unthreatening as your favourite puppy. In fact, there are a … Continue Reading

“I do not like war. It is costly and the outcome uncertain”

So said Queen Elizabeth I in a very early glimpse into English Civil Court proceedings.  Should we therefore be heartened by a possible sign of things to come in the modern employment world, thanks to Lord Justice Briggs earlier this week? Addressing the Chartered Institute of Arbitrators on 26 September, Briggs LJ told of his … Continue Reading

Sticks and stones – the real story

“Sticks and stones may break my bones but names will never hurt me” goes the childhood rhyme.  Really?  Let’s not kid ourselves.  Words are powerful and can hurt just as much as the childhood alternative of a wrist-burn behind the bike sheds. But bullying is not just an issue in the playground. It is also … Continue Reading

Informal not casual in new Acas guidance on responding to discrimination complaints in the UK

New Acas guidance on handling discrimination allegations in the workplace has been issued this week http://www.acas.org.uk/media/pdf/i/t/Discrimination-what-to-do-if-it-happens.pdf.  This is particularly interesting because of the degree of prominence which it gives to informal resolutions of discrimination complaints in place of the often process-driven guidance which Acas has issued in the past. Seeking an informal resolution of a … Continue Reading

Supreme Court Rules EEOC Conciliation Efforts Are Subject to Oversight

On April 29, the US Supreme Court held unanimously that courts may review the Equal Employment Opportunity Commission’s (EEOC) efforts to informally resolve disputes between employers and employees. The EEOC, which is charged with policing compliance with employment discrimination laws, is required by statute to first try informal mediation methods to resolve disputes between employers … Continue Reading

Yes, but what if they stay? – the aftermath of covertly recording your colleagues

Some thorny issues for employers arise from the reported settlement last week of a sexual discrimination and harassment claim brought against Goldman Sachs by Sonia Pereiro-Mendez. This case hit the news not because of the nature of her allegations (big City house treats pregnant woman as suddenly of much less value – all relatively usual … Continue Reading

Employment Mediations – an Insider’s Guide, Part 10

This is the concluding piece in our series by Caroline-Sheridan. Not all mediations settle.  The Employment Tribunal mediation system boasts a success rate of 70%, while CEDR’s experience is that of about 85% of its employment mediations result in an agreement.   Those who do not settle can go off to fight another day, and best … Continue Reading

Employment Mediations – an Insider’s Guide, Part 9

This is the penultimate instalment in our look into employment mediations by Caroline-Sheridan. As a mediator I am often asked, sometimes in the mediation itself, what negotiating stance a party should adopt in order to get the best deal out of the process. This is dangerous territory for a mediator.  It goes without saying that … Continue Reading

Employment Mediations – an Insider’s Guide, Part 8

In this post Caroline-Sheridan looks at some of the techniques mediators use to close the gap between the parties. In the previous piece in this series I discussed the transition from exploration to bargaining in an employment mediation, the move from the preliminary skirmishing to the full-blown negotiation process.  But surely the parties could do … Continue Reading

Employment Mediations – an insider’s guide, Part 5

This is the next in our re-run of a series of posts on employment mediations written for us by http://www.cedr.com/about_us/people/?p=Caroline-Sheridan. At the start of mediation the mediator will almost always take a quick run through the ground rules already covered in this series – that the parties are responsible for the outcome, that the mediator … Continue Reading

Employment Mediations – An Insider’s Guide, Part Four

This is the next in our re-run of a series of posts on employment mediations written for us by http://www.cedr.com/about_us/people/?p=Caroline-Sheridan. Sometimes the parties to a mediation are asked to provide the mediator in advance with a “position paper”.  This is a document of a few pages (as a rough rule of thumb, the equivalent of … Continue Reading

Employment Mediations – an Insider’s Guide, Part 3

This is the next in our re-run of a series of posts on employment mediations written for us by http://www.cedr.com/about_us/people/?p=Caroline-Sheridan. In Part 1 of this series I referred to some of the basic principles underlying a successful mediation. But why should the parties consider themselves bound by them? This is where the formal mediation agreement … Continue Reading

Employment Mediations – an Insider’s Guide Part 2

http://www.cedr.com/about_us/people/?p=Caroline-Sheridan Time in any mediation is often both limited and precious.  Once it is underway there is little time for sorting out the preliminaries.   As a result, it is customary for there to be contact between each of the parties (and/or their representatives) and the mediator(‘s staff) prior to kick-off.  For a judicial mediation arranged … Continue Reading
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