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Mediation In Dispute Resolution

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“Society needs to be informed of the potential benefits of mediation in dispute resolution and that it is not always necessary for disputes to be resolved through litigation. It is clear… that mediation should be viewed as an empowering process for those involved in a dispute.”
- David Stanton, TD, Chairman of the Joint Committee on Justice, Defence and Equality.
Introduction
The aim of this essay is to explore the use of mediation in labour law. The first section will focus on the overwhelming pressure that labour tribunals are currently under and debating the ability of employers to alleviate this pressure by encouraging private mediation for employment disputes. The essay will then move through the benefits of using mediation in the event …show more content…

Another possible approach is to employ the services of external mediators when situations arise, on an ad hoc basis. A conflict management survey by XpertHR reported that of the 190 employers/organisations surveyed, the most common type of mediation service used was an external mediator on an ad hoc basis. Nevertheless, choosing which method to use can be difficult and largely depends on the organisation involved. Fortunately, these two approaches are not mutually exclusive and can be used alongside one another in order to determine which process is most effective for each …show more content…

By employing workplace mediation services, instead of going through the appropriate tribunal’s adjudication process, disputes can be handled much more quickly and efficiently and may end up promoting a better work environment. It has been largely successful both in Ireland and abroad, as evidenced by its huge upturn in use. Mediation has contributed to the empowerment of employees which were traditionally very restricted and seen as the weaker party. Mediation allows the law to take a step back from the workplace and permit employees and employers to work out their dispute in a way which best suits each other, employing methods which the courts do not have under their power. The use of mediation instead of litigation should always be encouraged and while use of mediation in labour law disputes in Ireland is quite high, it could always improve by encouraging workplace

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