When to submit a labour dispute to mediation?

When to submit a labour dispute to mediation?

Mediation procedure. (1) Where a labour dispute is unresolved on the completion of conciliation, the parties may agree to submit the dispute to mediation by the Commission or by a mediator or mediation panel of their choice.

How long does it take for a mediator to issue a recommendation?

(3) The mediator or mediation panel referred to in subsections (1) and (2) shall issue its recommendation for the resolution of the dispute within 21 days of receipt of the request for mediation, or such longer period that the parties have agreed.

Can a mediator have a prior relationship with the parties?

There is sometimes a misconception that the mediator should not have had any prior relationship with the parties or their counsel. Although the proposed mediator should disclose any such relationships, no ethical rule precludes the use of a mediator who knows or has dealt with one or more of the participants.

Can a court ignore a request for mediation?

“The parties cannot ignore a proper request to mediate simply because it was made before the claim was issued. With court fees escalating it may be folly to do so.

Can a trustee and beneficiary go to mediation?

Trustee – Beneficiary Mediation. Sometimes, just the prospect of meeting with a trustee in corporate offices intimidates an unsophisticated beneficiary. The beneficiary may enter the meeting convinced that the trust officer is a heartless corporate bureaucrat who looks down on the beneficiary, even though the trust officer has no such feelings.

Is there confidentiality in the mediation process?

The confidentiality of the mediation process allows each person to be candid with the mediator both in private and in joint meetings with all the parties. Hidden agendas are extremely common in wealth transfer situations, but the parties can reveal their concerns in private meetings with the mediator without compromising their positions.

Can a trustee make oral representations to a beneficiary?

Friendly conversation opens the door to subsequent allegations that the Trustee made oral representations that have not been honored. Sometimes, just the prospect of meeting with a trustee in corporate offices intimidates an unsophisticated beneficiary.

Why are independent mediators good for a case?

Being independent, with no stake in the outcome, they can meet with the parties together and separately to help them focus on a search for a solution that meets the needs of all. The confidentiality of the mediation process allows each person to be candid with the mediator both in private and in joint meetings with all the parties.