What is Grievance Mediation?During the course of a collective agreement occasional disputes are a normal occurrence.. That's why the labour relations act requires that all collective agreements contain a dispute resolution mechanism. Grievance Mediation can help solve these disputes. Many grievances are settled prior to arbitration, either by the parties themselves or with the assistance of a mediator.
Does the Labour Relations Act require mediation?No. Grievance mediation can be agreed to by the parties ignorer to solve a specific problems or the parties can agree ahead of time by putting a mediation clause into the collective agreement.
Why Mediate a Grievance?Mediating a grievance allows both parties to retain control over the process and the outcome. Mediation creates the possibility of creative solving and can strengthen the union management relationship. There is no risk in exploring potential settlement options.
No Risk to Mediation?Because each party retains all the control they had prior to the mediation, and because all communications that happen during the mediation itself are without prejudice, mediation is generally regarded as a low or no risk option to attempt to find common ground. The next step for the grievance is binding arbitration. Arbitration carries significant risks for both parties.
Multiple Mini MediationsIf you have a number of grievances that have been unresolved, you may find our Multiple Mini Mediations useful. We will work with both parties to schedule a number of grievance mediations on the same day. This model requires a bit more preparation on our part but allows the parties to clear grievance backlogs.
Empathy while negotiating is essential to maximizing value and closing deals. Empathy is the act of understanding the emotions of the other negotiators. Negotiators are People First In Getting to Yes Fisher and Ury observed that negotiators are people first and encouraged you to separate the people from the problem. They taught that it was […]
This article will define ZOPA and help you understand ZOPA in negotiations. After reading it you will know what ZOPA is, why ZOPA matters, and how ZOPA can be expanded and probed. At the end of the post, you will find a few more examples of determining a ZOPA. Define ZOPA ZOPA is an acronym […]
Mediation Dos and Don’ts Going into a mediation can be stressful. That stress is amplified if you are unrepresented. This infographic provides a mediation cheat sheet full of mediation dos and don’ts. If you follow this advice you have a much better chance of getting to a deal. Mediation Dos and Don’ts: Do Stay at […]
So you have been invited to participate in a zoom mediation or arbitration, but you’re not sure how the software works or you are feeling uneasy about participating online. This guide covers how to participate in a Zoom Mediation. Getting Started with Zoom Mediation Whether you are a party, a lawyer or a witness your […]
Can online group facilitation ease your employees return to work? There is no question that covid-19 has impacted employers across Ontario, across Canada, and across the world. As governments lift restrictions on who can be at work and workplaces begin to reopen, it is natural for employees to feel concerned about their personal safety. An […]
Wakely Mediation Now Offers Online Mediation Services In order to better serve clients and potential clients during the Covid 19 Pandemic, Wakely Mediation will now be offering online mediation services. Since inception Wakely Mediation has operated in a paperless preferred paradigm. Offering virtual mediation services via secure video teleconference is the next step in technological […]
Reactive Devaluation: Your Money is No Good Here Reactive devaluation occurs in a negotiation when a party receiving an offer doesn’t trust the party making an offer and they evaluate the offer through the lens of distrust. In this post you will learn what reactive devaluation is, how to avoid doing it and what to […]
11 Steps to Prepare for Your Next Negotiation Every negotiation starts somewhere. For the unprepared or uninitiated negotiations start when you encounter the other party at the metaphorical table. If you want to step up your negotiation game and reach more deals that make both sides better off you need to follow these 11 steps […]
Relations take on many different forms, grocery clerks can become customers of the store they work in, a firefighter can move to the city they work in, students can teach in the institutions where they study. What happens when the employment relationship is clouded by an overlapping relationship? This question was recently answered by the […]
“What sensible man would attempt settlement if it could be used against him at trial?”1 This post will explore the development and limits of settlement privilege and how settlement privilege interacts with mediation. Settlement privilege, the ability to shield the deal making and the deal, is essential for negotiations and mediations. This paper is organized […]