Employment, workplace and workers compensation mediation

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Employment, workplace and workers compensation mediation Mediation has a special advantage in cases where parties will have ongoing relationships that must continue after the dispute is resolved. As any agreement is by consent, the parties involved should not have any reason to feel they are the losers. Mediation creates a foundation for resuming the relationship after the particular issue has been resolved. Many organisations in Australia are adopting dispute resolution systems. They understand that while conflict may be constructive, disputes in the workplace often lead to dysfunctional conflict (Marshall, P. p.2. 2002). In workplace relationships unless a dismissal takes place there is likely to be ongoing relationships involved. There are a variety of disputes evident in workplace relationships. These include contractual disputes relating to an employees terms and conditions of employment, forms of workplace harassment, workers compensation claims due to injury in the workplace, interpersonal disputes between staff members and victimisation claims. Mediation is a suitable process to deal with all these matters and also with structural conflicts arising from mergers, restructuring and downsizing, new forms of competition, new technologies and other features of the changing workplace today. (Boulle, L. 2005). Given the ongoing nature of workplace relations this is an ideal context in which to use mediation and related processes not only for dispute resolution but also for preventing and managing disputes. With the launch of the Alternative Dispute Resolution Assistance Scheme (ADRAS) in April 2006, Australian employers and employees s will be eligible for government assistance through the new WorkChoices legislation. Ideally the development of an in-house process to address conflict issues would be appropriate for all businesses. (ACDC, May 2006.

[edit] References

Australian Commercial Disputes Centre – Advancing Alternative Dispute Resolution (ADR). (May 2006 Edition). Retrieved on 25 October, 2006, from [1]

Boulle, L. (2005). Mediation: Principles Process Practice. 2nd Edition. Queensland, Australia. LexisNexis Butterworths.

Marshall, P. (2002). Mediation News. Designing a Dispute Resolution System: The Constraints for Educational Insitutions. Joint Project ADRA, SADRA, VADR. Retrieved on 25 October, 2006, from [2]

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