|Nature of dispute||:||Unfair dismissal, sex discrimination and equal pay claims|
|Industry where dispute originated||:||Financial Services|
|Amount in dispute||:||£400,000|
|Preparation time||:||Half a day|
|Mediation time||:||11 hours|
|Post-mediation involvement||:||None needed as the mediation was extended by three hours, which enable the agreement to be finalised|
Brief details of dispute:
A long-term manager had complained at work about sex discrimination on the grounds of equal pay and was then given notice by the employer. The claimant then lodged a post dismissal claim of constructive dismissal.
After preparation and meeting the parties Frances recognised that both the non-financial and financial parts of a package would be needed.
It was only through careful listening to the parties' needs that Frances identified that an expression of 'contrition' by the defendant could help ease the path.
The mediator proposed that the employer round up the offer and complete a draft letter to include whatever they felt they could truly say to meet this need. It took extra time but the combination of the rounded figure and the letter enabled the claimant to halve the claimant's previous final demand figure and accept the package on offer.
In the early stages of mediation the claimant raised concept of a 'just' settlement being sought. The difficulty was in eliciting what that meant - even the claimant was not able to define it. Ultimately it was the subtlety and substance of the total package of the financial offer and the letter that finally represented a 'just' outcome to the claimant.
About the mediator:
Frances Maynard is an independent mediator and former Director of Training with CEDR. She specialises in the employment and education fields.
For more information or to contact Frances please email firstname.lastname@example.org or call CEDR Solve on +44 (0) 20 7536 6060.
26 Apr 2013
May set to be busy month for CEDR
Mediator Skills Training - Fast Track – 5 June 2013
Certificate in Advanced Negotiation - Module 1/3 – 25 July 2013
Mediator Skills Training - International – 19 August 2013
Certificate in Advanced Negotiation - Module 1/3 – 12 September 2013