The Contribution of Mediation to Workplace Justice

The familiar litany of complaints about the costs, delays and excessive formality associated with the processing of workplace disputes through the employment tribunal system has led to experimentation with alternative forms of employment dispute resolution, in particular, mediation. While any attempt to provide additional options for would-be-litigants is, of course, laudable, the dangers inherent in classifying disputes for different kinds of treatment must also be explored in depth. If mediation merely adds another level of proceedings to an already complex process, few economies may be reaped. This article seeks to advance understanding about the mediation process and the prevalent mediation model in the context of workplace disputing. Although it highlights the successful incorporation of mediation into the legal framework of countries such as New Zealand, it nevertheless urges caution on the part of UK policy makers who may be seduced into utilising mediation to facilitate settlement for predominantly tactical reasons.