April 6th 2009 : M Day ?
The sea change for mediation - and some would argue common sense - comes in the introduction to the new ACAS Code which supports the new Act.
"Employers and employees should always seek to resolve disciplinary and grievance issues in the workplace. Where this is not possible employers and employees should consider using an independent third party to help resolve the problem. The third party need not be from outside the organization but could be an internal mediator, so long as they are not involved in the disciplinary or grievance issue. In some cases an external mediator might be appropriate."
As mediation is by its nature voluntary, no legislation can force its use, but it can enshrine a clear steer that this is the preferred method of resolution - that formal procedures and the tribunal system should only be invoked once an informal process has been tried and failed.
And this view is shared by The Chartered Institute of Personnel and Development (CIPD) who suggest that
"Mediation is especially effective when used at the initial phase of any disagreement, before conflict escalates. An early intervention can prevent both sides from becoming entrenched and the difference turning into a full-blown dispute. If the disagreement is resolved early on, there is less chance of the working relationship breaking down irrevocably. This improves the likelihood of maintaining good and productive employment relations in the longer term".
This introduction to In House Teams the Why and How should give some pointers to both HR professionals and their legal advisors.