The Use of Mediation in the UK. Trade Union Approach Policies negotiated between the trade union side and the management side Grievances - written statement.

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Presentation transcript:

The Use of Mediation in the UK

Trade Union Approach Policies negotiated between the trade union side and the management side Grievances - written statement of the problem, followed by a meeting and right of appeal Disciplines - written statement of charges, followed by a meeting and right of appeal

Trades Union Congress Provides training for workplace representatives and professional officers in relation to the skills and roles needed for dealing with grievance and discipline situations Provides training for equality reps Mediation is not dealt with in training

TSSA Of the total of 25 organising and negotiating staff, only one has reported using mediation to resolve a workplace problem In this instance ACAS was used after the decision to dismiss had been made in order to help settle the terms of a compensatory agreement

Other Unions Unison - the largest public sector union - has begun to train reps in the NHS and Local government in mediation skills for the resolution of workplace grievances UCU - the largest union for academic staff - has begun to train some reps in mediation skills

Civil Court Proceedings Mediation began to be used in civil court proceedings in the late 1990s Now an option for use in family disputes, neighbour disputes and retail disputes of relatively small monetary value Also an option in commercial disputes involving contract and copyright issues

Employment Tribunals Employment law disputes not resolved within the workplace can be dealt with in Employment Tribunals Since October 2004 mediation has been an option available to parties to take up before a full merits hearing Discrimination cases are most likely to be referred for mediation

Workplace mediation Commercial services are widely available They are most likely to be accessed where there is no union recognition in the firm

Advisory, Conciliation and Arbitration Service ACAS - the government agency responsible for assisting both businesses and individual employees with a range of workplace disputes Offers both a mediation service and a training programme for potential mediators Has produced an employers’ guide to mediation in partnership with CIPD, the qualification body in the field of HR