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.
If you are a manger thinking about hiring a mediator or if you are a workplace party who is about to participate in a workplace mediation, this article is for you. Knowing about the confidentiality of workplace mediation helps you know what to expect from the mediation process. Is workplace mediation confidential? Workplace parties involved […]
What are anchors in negotiations Humans are terrible at judging stuff objectively. We use comparison for virtually all judgements. Anchors in negotiation exploit this human trait. An anchor offer is when one party starts with an offer that is very high or very low. Usually but not always the anchor is beyond the stretch goal. […]
It’s world voice day. A day where your friendly neighbourhood otolaryngologist wants to raise awareness about the importance of voice and getting help if you develop voice issues. There is no question that your voice is important to what and how you communicate during a negotiation, but have you thought about the importance of vocalics […]
Emotions While Negotiating Emotions are an essential part of any negotiation. Framing interests in a way that avoids negative emotions and promotes positive emotions in your other is important work. This post is not about those emotions. This post is about recognizing and dealing with your emotions while negotiating. To paraphrase William Ury, the greatest […]
The emotional wellness of work is a big concern for employers and employees. Mediation can support many of the factors that experts say make workplaces psychologically safe. The Canadian Standards Association released a national standard on psychological health and safety in the workplace. This post explores how mediation supports employee mental health using the national […]
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 […]