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Reasons why mediation could fail
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Good practice: Mediation
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In this report on the XpertHR managing workplace conflict survey, we look at the types of mediation practices used by employers and examine the range of issues and situations where mediation can be used to best effect.
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Absence and labour turnover rates
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Tribunals service confirms implementation date for fees
HM Courts and Tribunals Service has confirmed the date from which employment tribunal claimants and appellants to the Employment Appeal Tribunal will be liable to pay a fee.
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Top 10 HR tweets
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Osborne to set out further spending cuts in Spending Review on 26 June
It is expected that the Spending Review will include broad details of the next wave of public spending cuts, to be enacted in the year commencing April 2015 (and therefore covering the initial period following the 2015 general election). It is believed that the cuts to be announced will total around £11.5 billion, equivalent to 2.8% of spending.
Employment law myth: there is no contract of employment until the employee starts working
Some employers believe that if an employee has not yet joined them, he or she does not have a contract and, as a result, no contractual rights. Employers might think they can withdraw a job offer with no comeback if the individual has not yet started working for them.
In fact, this is not the case.
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Editor's message |
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REASONS WHY MEDIATION MIGHT FAIL
Mediation can be a powerful form of conflict resolution within the workplace. Our most recent survey on the issue found that one employer in four identified third-party interventions such as mediation to be effective in settling individual disputes.
However, mediation is not without its challenges. We present a list of reasons why it might fail and how these issues can be avoided. The first cause of failure can be lack of commitment of the parties concerned to attend and engage in mediation. If parties enter the process passively, waiting for the mediator to drive solutions, then the process is unlikely to be successful.
In addition, our good practice guide provides information on the situations that are suitable for mediation and how to set up an initiative in the workplace.
Noelle Murphy
Employment relations editor,
XpertHR |
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