employment+law+-+mediation

Employment law: mediation Wiki by Ashvin patel

What is mediation? Mediation is a form of alternative dispute resolution. It helps to resolve people who have employment relation problem. For example, if any problems occur between employees and employers then the problem can be solved by mediation. A person who assists parties to negotiate their own settlement called mediator. Mediation has structural, time table and dynamic resolution then the ordinary negotiation. The process is completely private and confidential. Mediation can be used in variety of dispute such as many business disputes, including labour negotiations, business contracts, and employment disputes.

What is mediation process? Mediation is a process, where two parties are assisted by a mediator. The process isolates the disputed issues in order to develop better options, consider alternatives and reach agreements that will accommodate both parties’ requirements. This process may occur by telephone, by email, in the workplace, or in a mediation room. The mediation process may be done in specific time limited if the parties agree to do so. The time will be decided by the mediator. If the problem is not resolved by in actual time allocated then the mediator will make final and binding decision under the party’s agreement. The process will be recorded in writing at the beginning.

How does mediation resolve employment dispute? Employment mediation is an alternative way to resolve a dispute between employers and workers. According to lawyer many company prefer mediation process compare to lawsuit which take lots of time and can be expansive.

Mediation can resolve these kinds of employment disputes: if a worker is accused of breaching his contract. If a secretary alleges that her superior is sexually harassing her. If a factory worker alleges that he was wrongfully discharged by his employer if a manager is accused of committing discriminatory acts against a particular ethnic group.

Employers who want to use mediation to resolve dispute should make sure their employee explicitly agree to this process. Employer should include in the employment contract the provisions of mediation process which must be signed by workers. Mediation will not be considered legal if only employer hires the mediator. Employer and workers both should be mutually agree on who will serve them as mediator (e.g. business consultant, retired judge or practicing lawyer) Mediator can help workers and employee to reach the agreement. He has no legal authorities to make certain decisions. Mediator can only assist the involved parties to resolve a certain issues but cannot make decision for them. In most cases of employment dispute, mediation is the better option than the lawsuit. It provides quicker results than court proceeding. In the mediation process all the information revealed or obtained from the workers and employers will be kept confidential and process does not determine who is at fault. So the workers and employers will not have any negative effect on their relationship.

Where can you find more information?

More information can be found about mediation service from employment relation act 2000. [|http://www.legislation.govt.nz].

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[|http://www.legislation.govt.nz]