Have you ended up in an employment dispute? Mediation has proved to be a successful method to resolve an employment conflict. The parties could start mediation to discuss a solution for the employment conflict or a termination of the employment. The parties can then discuss the terms and conditions of such termination during the mediation.
What is mediation?
Mediation is an intervention tool where parties resolve the employment conflict with the assistance of a mediator. The mediator is an impartial party, appointed by the employer and the employee. Unlike in court, the mediator does not reach a decision. Instead, the mediator supervises the discussions between the employer and the employee and guides the parties towards reaching a mutual agreement.
Using mediation implies a willingness to play an active role in finding a solution. In other words, both parties must be prepared to find a solution together. Mediation is often used to avoid more formal and costlier court proceedings.
In mediation, the parties could take account of non-legal aspects, which usually plays no role in court proceedings. It also gives parties an opportunity to find a single, all-embracing solution for a series of disputes.
Mediation to resolve an employment conflict: the process
Mediation starts with separate (confidential) intake interviews between the mediator and the employer and the employee. During these interviews, the parties will discuss the employment conflict and both parties will explain their vision on the situation. The mediator will also explain the rules of mediation – including confidentiality – and the role of the mediator. These rules are included in a mediation agreement, signed by the mediator and the participants.
After the separate intake interviews, plenary sessions with the mediator and the participants will take place. During these sessions, the mediator will supervise the discussions between the employer and the employee. The mediator will also identify the parties’ underlying concerns and interests. The parties will also discuss potential solutions or directions. The parties will negotiate these solutions or directions until they reach an agreement.
Legal assistance in mediation to resolve an employment conflict
Before starting mediation, it is important to prepare yourself in order to find an amicable settlement. Our employment lawyers can help you identify your legal position and formulate the key points of mediation. We can also help you prepare discussions and settlement negotiations.
During mediation, we can guide you through the mediation sessions by advising you how to present the relevant facts and circumstances. We can also represent you and negotiate on your behalf, advise you on potential settlement proposals, along with the risks and gains associated with it, and think of possible solutions and formulate settlement proposals.
After the mediation sessions, we can help drafting and/or reviewing a settlement agreement. If the parties do not reach an agreement, we can advise on alternative remedies.
Need assistance?
Do you have any questions or would you like one of our employment lawyers to assist you in mediation? Please feel free to contact us by using our contact form or by telephone: +31 (0) 20 – 68 98 123 or email: info@noordamadvocaten.nl.