Risk Reduction

Risk reduction is a tried and tested management tool, so it makes sense to minimise the risk of a dispute arising by using mediation as an early problem solving technique. You may be interested in this comment from someone who undertook a mediation with us:

" I intend to update my discipline and grievance procedures (and possibly some others) to expressly provide for mediation in appropriate cases. I will also promote it's use at an early stage in the hope of resolving issues without recourse to the more formal and adversarial formal procedures."

Mediation Clauses Using mediation clauses as a part of your standard terms and conditions in commercial or employee contracts is a positive first step to controlling a possible dispute. These Model Clauses clauses vary, depending on the complexity of your existing contracts, but will enable you to trigger a mediation process before a problem escalates into a dispute.

Employee Contracts For Employee contracts, mediation clauses can form part of the requirements under the Employment Act 2002 (Dispute Resolution) Regulations 2004. Even though there is a consultation under way with a view to changing the legislation, any legislative changes are unlikely until 2009, so these Workplace Mediation Clauses will give you some starter ideas of how this could be achieved.

Contract Management Schedules : If you are putting together complex or long-running contracts that could run late or over budget, we can help you avoid this by devising with you a dispute management process. This includes a schedule to the contract that outlines clearly who will handle problems with the contract, their authorities to change the contract terms and how to set up a mediation if your bi-lateral negotiations look like breaking down. The document will give you more details of the potential benefits and the basis of any fees involved.