8. ALTERNATIVE DISPUTE RESOLUTION

Mediation

The government strongly supports the greater use of workplace mediation. Under draft rule 2 of the proposed new tribunal rules (see Chapter 2 — The employment tribunal system), tribunal judges are required to encourage all parties to consider how else a dispute may be resolved, as it made clear in its response to the 2011 consultation, Resolving Workplace Disputes.

In June 2012, the government announced the launch of a pilot scheme to train mediators in 48 small and medium-sized businesses in Cambridge and Manchester. The plan will be rolled out nationally if successful, and the intention is for trained mediators to provide mediation in each others’ organisations through regional mediation networks.

At present, use of mediation is limited in British workplaces and many trade unionists are sceptical, especially as the proposal sits against the backdrop of a package of reforms attacking workers’ rights and seems designed to reduce the ability of workers to access the employment tribunal.

However, the TUC and several unions recognise that mediation has a role to play in resolving workplace disputes as long as it is very clearly voluntary, and provided that refusing mediation does not prevent an individual accessing the employment tribunal.

The TUC has produced joint guidance on good practice with Acas, Mediation: a guide for trade union representatives, available to download from the Acas website. However, both the TUC and individual unions are very clear that the introduction and use of mediation, including decisions as to what situations are appropriate for mediation, how it is to fit in with disciplinary and grievance procedures, how the mediator is to be selected, and the role of trade union reps, must all be negotiated and agreed in order for mediation to be effective in a workplace where unions are recognised. Acas, as a reputable, trusted and impartial organisation, is the TUC’s preferred mediator.