While it is sometimes unavoidable, litigation can consume a significant amount of time and resources, and has the potential to draw management's focus away from day-to-day company business.
Mediation is a form of alternative dispute resolution. It is based on negotiation with the assistance of a neutral, third-party mediator who is well-versed in the intricacies of employment law.
While a conclusive outcome is not always reached, mediation is a low-risk, high-reward option, because negotiations are without prejudice and the terms of any binding agreement must be agreed by both parties. Mediation is therefore an expeditious, cost-effective and confidential way to achieve a just resolution of most employment-related disputes.
McMillan professionals help clients lead by:
- Counselling on the range of options for settling labour disputes including mediation and recommending an appropriate approach
- Recommending optimal settlement terms
- Preparing for and attending as counsel in mediation proceedings
- Acting for them during mandatory settlement conferences before the courts
- Acting for them during optional mediation conferences before human rights tribunals or other administrative bodies.
- Acting for clients throughout the litigation process, including before trial and appellate courts, where mediation is not successful.
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September 2013