Mediation - a form of Alternative Dispute Resolution (ADR)

Disputes with the club’s caterers; the club’s golf professional and all other workplace disputes with the club’s employees; Membership disputes; disputes with contractors and suppliers – these are all matters which can and all too frequently do end up before some Tribunal be it an Employment Tribunal, County Court and even the High Court.

We are all aware that from 1st October 2004, employers and employees have been obliged to follow a three stage Statutory Dispute Resolution procedure, including a face-to-face meeting. Courts are increasingly expecting organisations to promote and use workplace mediation, because it is so effective in repairing working relationships and restoring productivity.

Mediation enables a company to meet its Statutory Dispute Resolution requirements in a positive way, and using mediation can reduce awards made against the business at Tribunal by up to 50%.

Similarly allegations of race, sex, age and disability discrimination are issues to which clubs and organisations may from time to time have to respond. Concomitant is the payment of lawyers’ fees incurred in dealing with these matters.

The parties to these disputes are being encouraged to attempt to shape a resolution by Mediation and to this extent a national campaign is being promoted by HM Court Service. The intention is to bring mediation more into the public eye as an alternative dispute resolution procedure.

The process is highly regarded and used across the world and has been demonstrated to reach speedy, practical and cost-effective conclusions to legal disputes, family disputes and community disputes.

Mediation is a form of Alternative Dispute Resolution (ADR) where an impartial mediator helps people in dispute to find a solution without having to resort to the court process. It is all about getting out of the narrow “legal box” and about discovering an effective resolution through discussion. Parties to Mediation are encouraged to put on one side, but not entirely ignore, the strict and narrow legal rights and wrongs surrounding the dispute. They are encouraged to explore other factors which can equally be about feelings and emotions.

Mediation can help achieve a satisfying result that allows parties to move on, look to the future and wherever possible rebuild and strengthen relationships. If the dispute is already in court or before another tribunal, it can help to bring closure more quickly.

Mediation does not impose a decision or outcome on the parties, instead mediation is about helping them to communicate, and thus to find their own solutions to the dispute.
All involved save time, money and stress and always remain in control of the process.

Mediation is voluntary and doesn't have to be legally binding and it is entirely confidential. Nothing which is said in Mediation is passed on to anyone else unless there is agreement and nothing said in Mediation can be used in any later company procedures or court actions.

• Mediation provides opportunities for the parties to come up with solutions that benefit all concerned
• By working together with the Mediator the parties facilitate the opportunity to rebuild and improve relationships,
• Mediation keeps the dispute confidential.

Mediation is about talking and a satisfying outcome is found by doing just that.

The Mediation Process
The process is entirely voluntary and any party is free to withdraw at any stage.

If Mediation is decided upon the parties are initially contacted to confirm their agreement to take part. All parties meet with the mediator who will explain the process and agree some basic rules for the meetings.  Each person then has the chance to explain their views and give their side of the argument.

The mediator then meets with each party individually to go into more detail about their position and to help them explore the possibilities for agreement and find out what suggestions they have to resolve the dispute. This helps people to focus on what is important to them and helps to find solutions that may not have been thought of before.  All these discussions are entirely confidential and only that information which a party wishes to have disclosed to any other party is disclosed.

Such time as is necessary is spent going between the parties until an agreement is reached.

Both parties will then sign the agreement. This need not be legally binding, leaving them free to find another way of dealing with the dispute in the future, but if both parties agree it can be made legally binding.

• Whether or not the parties reach an agreement, everything discussed remains confidential and without prejudice. The mediator will not pass information on to the other party unless authorised to do so. Nothing discussed in mediation can be used in court proceedings or before an employment tribunal.
• The mediator is impartial. Sides are not taken nor are opinions expressed. It is entirely up to the parties to find an agreement acceptable to them.
• They remain in control at all times - mediation is voluntary and they decide how much information they disclose to the other party. The parties can walk away at any time.
• There is a good chance that an agreement will be reached on the day