Some of the instructions which we are asked to deal with involve large organisations dealing with stressed employees who are not at work, or have erratic work hours.
The advantages of mediation in this scenario is as follows:
1 Typically there is a breakdown in the relationship and there is a lack of confidence between the parties. The mediator can enable the parties to understand precisely what is going on.
2 The employee is being unproductive; The mediator can help the employee come back to work and start working.
3. There is a lack of practical ability for the parties to work together. The mediator can help formulate an action plan for working together.
4. The very fact that you are holding the mediation enables the parties to get back together in the same room for the first time in a long while.
5. Issues on the side such as longstanding grievances can be discussed about in a safe setting.
Of course this does not always work; Sometimes it is necessary for the mediation to become a discussion about exit terms. Preferable to do this in the safe format of a mediation rather than via acriminious legal correspondence.
Justin Patten, Mediator