Employment mediation is one of the most effective solutions to resolve disputes without the hassle of having to attend court through the litigation process. Parties who both agree to mediation to solve a employment dispute would be much more likely to resolve their problem. But, even though mediation is an acceptable form of alternative dispute resolution (ADR), and is proven to be an effective and money saving method, it can sometimes be ignored in employment cases. Both parties who go to mediation early on in their employment dispute will have a better chance of; saving money on legal fees, saving more time, causing less damage to reputations and avoid a long and upsetting legal battle which could effect either parties mentally and physically.
With cases that go to court, settlements will usually be agreed on the date of the final hearing of the employment dispute case, after an huge expense has been effected both sides. Usually settlements at this stage are the result of the parties meeting for the first time face to face in a long while. From this perspective it clearly demonstrates that the dispute could have been resolved through face to face discussion at an much earlier time through mediation. The main advantage to mediation is that the parties will resolve the dispute through a win/win situation as it gives the parties the ability to agree to terms which a court may not have given.
Employment mediation will most commonly involve disputes about the termination of contractual relationships. Usually a financial agreement would be reached, but mediation offers many other options besides money; it offers more options than a court, which include for example, an explanation or an apology. Mediators who specialise in employment law would bring a fresh approach to the resolving of the dispute by offering a variety of options that both parties may not have thought of before. The mediator would guide through a negotiated settlement that would be obtained by an agreement between both parties.
Employment mediation function is to help two or more parties who are experiencing problems at work and progress towards an agreement which will help continue a good working relationship. Employment mediators are trained to bring together both parties to avoid the need for anyl court proceedings that would be time-consuming and expensive. These problematic factors can be completely avoided through the use of mediation, the courts will question any lack of alternative dispute resolution which would look badly on your case if you do not have a reasonable explanation for not considering this route. BOLA TANGKAS