Mediation of Employment Disputes

Disputes involving employment, whether they are disputes between employers and employees or disputes between employees, are by their very nature highly sensitive and can possibly affect the image and reputation of companies.

An employment dispute is traditionally referred to the courts of law or to the Industrial Tribunal where there is always an element of publicity involved and a losing party. Mediation is an alternative method of dispute resolution which presents numerous advantages compared to traditional solutions.

Mediation is a voluntary process during which two or more people involved in a dispute meet together and seek to work out a solution to their problem with the help of a neutral, independent and impartial third person (the mediator).

In mediation, it is the participants themselves who lead the process by being given the opportunity to describe and give their respective points of view on the dispute, whether or not they are assisted by lawyers. The role of the mediator is to facilitate communication and the discussion and to ultimately help the participants to find a solution that is workable and acceptable for all of them.

Since the mediation process does not lead to a judgment, the mediation process has no winners and or losers – it is about consensus, which is ultimately reflected in a settlement agreement drafted by the participants themselves reflecting the solution resulting from the mediation process in common accord between the participants.

In practice, therefore, this means that the participants retain power over the process. Any of the participants can at any stage decide to terminate the mediation. In giving utmost regard to the sensitive issues involved, particularly in employment disputes, mediation avoids the deterioration of relationships and therefore it is highly likely that the dispute will not lead to the termination of the employment relationship. In the case of a dispute between employees, mediation is beneficial both for the employees to continue working together, but also to maintain a healthy working environment.

Mediation is also cost and time efficient, given that a mediation process can be concluded in just one meeting or only a few meetings, depending on the pace that the participants themselves are comfortable with in order to move forward with the process.

Mamo TCV is offering mediation services via its certified mediator, Dr Jonathan Abela Fiorentino.