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Training & Consultancy

What we offer

Mediation

Mediation

Mediation is a common form of alternative dispute resolution in commercial disputes. The parties, usually accompanied by their legal advisers, meet with a mediator to attempt to reach a settlement. The mediator is an independent third party whose role is to facilitate negotiations and settlement between the par
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Arbitration

Arbitration

Arbitration is often used as a quick and relatively inexpensive way to settle contract disputes.  It can be final and binding if the parties so agree.  Resolution of a contractual dispute by Arbitration is frequently agreed to by the parties entering into a contract. Contracts usually include
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Adjudication

Adjudication

Adjudication is currently used almost exclusively in the construction and engineering industry. The Adjudicator is usually a construction or engineering expert or barrister specialising in technology and construction law appointed to give an opinion on the issue (sometimes technical) to allow work to carry
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Expert determination

Expert Determination

Expert Determination is a procedure in which a dispute or a difference between the parties is submitted, by agreement of the parties, to one (or more) experts who make a determination on the matter referred to it or them. The determination is binding, unless the parties agreed otherwise and may hav
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Expert evaluation

Expert evaluation

Expert evaluation is similar to expert determination but as the process suggests it is an evaulative process not a determiniative one.. The expert’s decision is not binding but can be considered advisory. This is known as Expert Evaluation. Although not binding the evaluation often forms the basis o
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Facilitated negotiation

Facilitated negotiation

This process is very similar to the Mediation process except that the negotiation process will be more actively progressed by the input of the experienced legal facilitator.  The Facilitator employs the same skills as a Mediator and shuttles back and forth between the parties helping each p
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"The Central Quality of Mediation lies in its capacity to reorientate the parties toward each other, not by imposing rules on them but by helping them to achieve a new and shared perception of their relationship, a perception that will redirect their attitudes toward one another." (Riskin 1994)

Through the Mediating Works network of professional dispute resolution practitioners we are able to offer:

trusted HR Consultancy and occupational psychology services
dispute resolution in the workplace seminars and training
advice and guidance on current disputes in your workplace 
accredited and experienced workplace mediators typically with CIPD membership 
assistance with drafting and negotiating compromise agreements

MW is pleased to work with Eden HR Consulting

It is essential to pre-empt the need for Mediation and recognise the signs of a potential workplace grievance or dispute.  Workplace disputes are costly and wasteful for employers and stressful for employees.  By understanding the motivations and needs of your staff it is possible to avoid conflict that distracts employees and managers from focussing on their role and making it and your business a success.  Mediation facilitates closure on negative emotions.  The key is to prevent the conflicts occurring in the first place.  The full benefit of early intervention in-house enables a clear demonstration of good practice and duty of care.

The Government wants to embed Mediation within the resolution of workplace disputes and says it will work with the mediation industry to achieve this.

Miscellaneous changes to legislation to support employers

Introduction of Employment Tribunal fees for claimants & financial penalties for employers in 2012

Introduction of employment tribunal fees

Where an employer loses a tribunal claim there will be a new power for tribunals to order an additional financial penalty which will be payable to the Exchequer, not the claimant. Where an award has been made in favour of the claimant the financial penalty will be half of t
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Unfair dismissal

Unfair Dismissal

The qualifying period for bringing a claim of unfair dismissal will rise from 12 months to two years.

Compromise agreements

Compromise agreements

Compromise agreements will be re-named ‘settlement agreements’.The Government will work on developing a model text for compromise agreements andassociated guidance. Some legal advice would still be required by individuals, but it is hoped this will be less than at present hence reducing time
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Protected conversations

Protected conversations

Currently, the without prejudice rule only works to keep ‘off the record’ conversations out of the employment tribunal if there is already a tangible dispute between the parties. Some responses to the consultation suggested that if any party could initiate early conversations about say
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Mediating Works Ltd.
A Company registered in England and Wales, Company Number: 05269434
Registered Address: Chambers of Miss C Buchan, 9 Savill Road, Lindfield, Haywards Heath, West Sussex, RH16 2NY UK. Telephone +44 (0)1444 482222.