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
In this post I thought I would cover the basics of how to book a mediator and how to suggest mediation to the other party. The bulk of this article will deal with the mediation of conflicts that would otherwise end in litigation (Employment and Grievance Mediation). How to Book a Mediator When it comes […]
What is a Professional Mediator? Professional services advertisements often include statements akin to “come to the professionals”. The first time I ever heard an ad like this was for laser eye surgery. It left me wondering if people getting amateur laser eye surgery was a big problem. It isn’t. Medicine has regulatory bodies to ensure […]
Do you have a number of unresolved grievances? Are you wondering what you can do about them? Does the thought of dealing with grievances make you shudder? Elaine Newman discusses the trouble each side may have in dealing with grievances. She notes management falls victim to the 3 Ds Duck dealing with a question Defer […]
How Do You Define Mediator? The question of how you define mediator and how you define mediation certainly have related answers. In its simplest form the definition of mediator is a person who mediates. That is neither a satisfying or useful answer to the question. First we have a turn our minds to the process […]
Mutualizing, Conflict Resolution & Critical Care There I was on my weekend off at a dinner party talking with some people telling stories over a beer, when the best example of mutualizing to resolve a conflict was laid at my feet for the taking. Mutualizing is when you find a common interest shared by parties […]
Alternative Dispute Resolution vs Dispute Resolution There is some debate right now about whether the term dispute resolution or alternative dispute resolution is the proper name for Arbitration, Mediation and other options that are not litigation. The folks who want to keep alternative in the name see the traditional dispute resolution mechanism as being litigation […]
If you’re like me you may be uncomfortable negotiating for something that you don’t know much about. I run into this discomfort every time something goes wrong with my car. I am decidedly not a car guy. I don’t know the difference between a crankshaft and a camshaft, so I am understandably concerned when I […]
In this TED talk negotiation guru William Ury talks about the secret to peace and how others help resolve conflict. Click Here to open video in new window 17 Camels He starts with the story of three brothers who were willed 17 camels. The first brother was given half the camels, the second brother was […]
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 […]
Voluntary or Voluntold? Most Mediators, including me, think that one of the most foundational parts of mediation is its voluntariness. But we live in a world with mandatory mediation, so what gives? How can mediators define mediation by its voluntariness but support people being forced into mandatory mediation? Ontario Mandatory Mediation Program The Ontario Mandatory […]