InsightsInsight - Employment & HR - POSTED: December 22 2016
Collaborative Employment Law: how it works
Employment and workplace disputes can often be highly charged and emotional because ultimately, people are involved and there is a lot at stake – principles as well as money. There are rarely winners in these disputes.
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Collaborative Employment Law (CEL) is a service offered by a group of employment lawyers who are committed to working together to resolve employment and workplace disputes.
Members of CEL will have undergone internal workplace mediation training and hold an ACAS Certificate of Internal Workplace Mediation or equivalent in order to offer CEL to their clients and participate in the process.
The purpose of Collaborative Employment Law is to:
- resolve employment and workplace disputes in a non-confrontational way;
- deal with the resolution of employment and workplace disputes in a constructive, pro-active way;
- encourage participants to think creatively and constructively to resolve their dispute;
- work to achieve a resolution of the employment and workplace dispute;
- ensure a quick and cost effective outcome.
The advantage of CEL is that it aims to avoid an employment or workplace dispute becoming adversarial and possibly spiralling down into deadlock with ensuing litigation. It allows the participants an opportunity to voice their respective concerns and interests. From the start of the process, both parties can be clear about what they hope to achieve.
For it to work both parties must appoint CEL lawyers who will work with their respective clients to facilitate a published, honest and constructive exploration of ways in which the parties can reach a resolution of their differences. CEL offers the parties an opportunity, through this facilitated process, to speak directly to each other about the dispute in a non-confrontational way, in a dignified and neutral environment with the specific aim of seeking an early resolution to the dispute.
There is no lengthy or aggressive correspondence or communication between the parties and in most cases, the matter should be resolved after one meeting. CEL also allows the parties to be more creative and come up with their own solutions, which a court or employment tribunal would never have statutory power to deliver for example to agree for training, outplacement support or coaching to be provided or to receive a face to face apology.
The CEL process is quick, confidential and all discussions and communications will be conducted on a without prejudice basis.
For further information on how the process works and why you should choose CEL, contact our team on 01622 690691.
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