Model Employment Mediation Clauses and Mediation in Employment Policies

To help organisations understand how mediation can be applied and developed, amongst the many dispute resolution processes that exist, we have updated our employment model documents to offer up-to-date contract clauses and guidance for best practice. In 2006 after intensive work with workplace and employment mediators CEDR launched the first edition of our model clauses for employment contracts and policies. These were last updated in 2011 and we therefore wanted to refresh them for 2016 to reflect a changing environment.

From our experience in mediating employment and workplace disputes, and designing and setting up conflict management schemes within organisations, we have come to see more clearly that in order to make a sustainable impact and contribution, mediation should be introduced by an internal Mediation Policy and internal training in conflict management and resolution. This way, it can become an integral part of the organisation’s culture, improving employee satisfaction at work, reducing conflict, appeasing tensions and thus increasing the staff’s productivity and the quality of its outputs.

Thus, when working this year on this guide, we always kept in mind that it should come as a toolkit for policy makers, human resources departments and organisations. Our objective is to enable anyone considering mediation within their business to analyse, prepare and manage the necessary steps to develop it.

Guidance from CEDR

As such we have added a complete chapter in this document to explain the scope of mediation within the employment environment. We discuss the differences and similarities between Employment and Workplace mediation, the various benefits of using an External or training an Internal Mediator, and have developed advice for drafting Internal Mediation Guidelines and Policy. The clauses themselves also reflect those changes. We have more clearly drafted and differentiated them for the organisation to intelligently and effectively adapt them within existing policies and practices. Two clauses are designed for employment contracts to allow access to mediation whether the dispute arises during employment – Workplace mediation – or in connection with the employment contract – Employment Mediation. Two other clauses are designed to bring mediation within grievance, disciplinary and capability procedures to move from traditionally adversarial procedures to a collaborative resolution of conflicts.

This new guide can now be downloaded in our Model Documents library. It is provided free to organisations and individuals as part of CEDR Foundation’s work to develop best practice of dispute resolution. If you plan in using it for your own organisation, we would be very glad to receive your feedback on how we can improve it for the next edition, or simply hear about your experience.

 

CEDR Model Documents Library: http://www.cedr.com/about_us/modeldocs/

CEDR Model Mediation Clauses and Mediation in Employment Policies guide: http://www.cedr.com/about_us/modeldocs/?id=19

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