Workplace and Wrongful Dismissal Mediation is in a growth phase in
British Columbia. With a
new Notice to Mediate process coming into force, the stage is set for
an expansion of this form of mediation in British Columbia.
The use the mediation in workplace disputes has a complicated
and rich history. Mediation began in Canada, in the 1920s and 1930's
in response to the labor unrest then prevalent. Labour conflict has
changed a great deal since then and the development of interest based
mediation is now receiving broad acceptance in this sector.
|Certainty of Outcome. Preparation for a chambers application can be
extremely expensive. Adjournments can go on for days. In the end, a Court may still decide, not to
decide, by sending it to a full trial. Even if they do decide, Appeal is possible.
Arbitrations similarly present challenges of cost, length and finality.|
| Privacy. The litigation process is a hard on
relationships. Most industries are a small world.|
|Control over outcome. Unknown decision maker do not impose their value judgments,
the parties have control over what factors are considered important in any
decision. Often some of the important factors are not the legal criteria. |