Alternative Dispute Resolution
Don’t let communication break down. Avoid disagreement and restore healthy relationships through impartial mediation, structured negotiation and dispute resolution from Businessplus.
Very often in an employment relationship, the parties become entrenched and reach a sticking point. Bringing in an independent third party can often move people forward and generate momentum to a stalled discussion, leading to an amicable resolution for the parties. In employment cases mediation and conciliation are often the most effective tools.
What is Mediation?
Mediation is about looking forward. It’s a voluntary, non-binding and ‘without prejudice’ process that allows you to face challenges head on.
A specially-trained third party will intervene in a dispute and attempt to bring the parties together into a settlement agreement – and if it succeeds (and over 80% of them do) the process ends with a legally-binding agreement.
At Businessplus you’ll find a fully trained (ADR Group) mediator who can:
1. Advise on the mechanism and merits of the mediation process
2. Represent clients during a mediation process (whether in a Judicial process, such as a Judicial Mediation at an Employment Tribunal, or generally)
3. Provide services to parties as an Impartial Mediator, assisting the parties to reach a settlement without needing to expend the time and cost of solicitors and Court proceedings and fees.
What is Conciliation?
Conciliation can often take place with the assistance of an external body or individual. ACAS has become synonymous with conciliation and there is now a legal obligation for ACAS to become involved, prior to the instigation of Tribunal proceedings by a disgruntled employee or former employee. In that process, we can supply an experienced professional to liaise with you and the conciliator at ACAS, put your case effectively to ACAS and advise you with regard to the terms of any settlement offered through ACAS from the other side, whilst presenting your case clearly and forcefully.
What is Arbitration?
Unlike mediation, arbitration does involve being bound to a process from the beginning. That process usually involves appointing a third party to act as, effectively, a private judge on the dispute, and the parties agree to be bound by that third party decision. In the employment field, it is rare to submit to arbitration to resolve a dispute, but it is very common to see this being used to resolve contractual disputes between businesses and third party consumers.
Having appointed an individual to hear their case, both sides present their case to the chosen “judge”. We can supply an experienced advocate to marshall your case and your evidence and present it effectively to the arbitrator.