“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
New Acas guidance on handling discrimination allegations in the workplace has been issued this week. 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 discrimination … Continue Reading
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
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
Last week I read a good post by US mediator Jan Schau about the power of a genuine apology in a mediation. She said, quite rightly, that an apology which is not perceived as genuine can do more harm than good. Anybody who has listened to the pre-recorded message of “regret” for yet another delayed … Continue Reading
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
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
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
A glimpse into the Insult Zone, courtesy of CEDR mediator Caroline Sheridan. At some point the parties will have got as far as they are going by exploration of common emotional ground and objectives and will want, in fact need, to begin to move into the harder bargaining phase. Even in the protective cocoon of … Continue Reading
This is the next instalment in our series on employment mediations written for us by Caroline Sheridan. At the end of the joint session (see previous post in this series) the mediator will move the parties on to the Exploration Phase, talking separately to each party. I will normally visit first the one who showed … Continue Reading
This is the next in our re-run of a series of posts on employment mediations written for us by 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
This is the next in our re-run of a series of posts on employment mediations written for us by 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
This is the next in our re-run of a series of posts on employment mediations. 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 comes in. CEDR mediators will … Continue Reading
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 through … Continue Reading
Following the introduction of the new flexible working regime last month, nothing new is expected on the employment law front for some while. We are taking the opportunity presented by this brief ceasefire to re-run and update a series of ten pieces on Mediation in the Workplace which first appeared in the early days of … Continue Reading
The rules and regulations which affect your UK business are many and varied. Compliance is key to keeping safe the reputation of both the company and management and avoiding potentially significant criminal and civil penalties. Squire Sanders’ experts will present a range of topics which Japanese Managers need to be aware of in order to … Continue Reading
“Silence is golden when you can’t think of a good answer” said boxing great Muhammad Ali, but the Court of Appeal has this month delivered a robust right hook to those trying the same tactic in High Court litigation. It has been the case since Halsey in 2004 that the courts can penalise in costs … Continue Reading
Part of the Government’s proposals “to reduce the burdens on business” (i.e. the cost to the Government of running the Employment Tribunal system) is Early Conciliation (EC). This requires prospective claimants to contact Acas and be talked through the conciliation process before they can bring a Tribunal claim. When it is launched next year, there … Continue Reading
The recent impasse between Kevin Pietersen and the English Cricket Board has led to much wailing and gnashing of teeth in those sectors of society who care about these things. In particular, a significant proportion of the sporting press seems convinced that England’s attempts to regain its status as the number one cricket team in … Continue Reading
Many years ago I was encouraged to submit a high-profile equal pay claim to mediation. We had already won in the Employment Tribunal but an appeal was threatened and there were going to be extended arguments about quantum even at best. To say that I was sceptical would be an understatement – we had after … Continue Reading