HWR offers a broad range of workplace dispute resolution services including mediation, arbitration, med/arb and facilitation. HWR can also conduct workplace investigations, assessments and restoration services. All of these services are available in person and online. Joy's expertise includes employment & labour law, human rights as well as specialized knowledge of public sector, municipal services, and emergency services, including fire, paramedic services and police. She also has extensive leadership experience, as well as experience in business continuity, emergency planning and emergency management. and risk management.
Mediation is a highly effective and proactive way to resolve workplace disputes and restore healthy workplace relationships. The goal of workplace mediation is more than just settlement. It can be used to support or transform relationships allowing workplace parties to better understand the source of conflict.
A range of tools can be used to assist workplace parties to manage and resolve conflicts before them become disputes.
Conflict resolution, including mediation, not only provides a forum to resolve disputes but can also help parties resolve their underlying differences and move forward in a way that reduces the potential for future conflict.
When a major crisis occurs, a mediator can help the organization restore balance and fairness to the workplace.
Wrongful dismissal usually involves disputes where the issue in dispute is monetary but for the parties, it can be very adversarial and emotional. These cases can be very costly to litigate or arbitrate. Since the parties are already at the end of the employment relationship, there is little concern for the relationship but negotiations often become very adversarial.
An employment dispute, particularly when money is the core issue, can be resolved through mediation in a professional, constructive manner with an outcome that is mutually beneficial to both parties. A mediator can help guide the parties to a settlement using early neutral evaluation where the parties are able to maintain professional decorum.
As an experienced employment lawyer, Joy brings the expertise necessary to help parties reach a mediated resolution of wrongful dismissal claims, often within one 6-8 hour session.
Most collective agreements include provision for grievance resolution in advance of arbitration. This is a cost effective means of resolving labour disputes. Parties may choose to mediate several matters in one session.
Joy’s experience in labour law and labour relations allows her to assist workplace parties to resolve grievances without the time and expense of arbitration. Unresolved matters can be referred for arbitration under a structured med/arb model.
A ‘respectful workplace’ is one where everyone is treated fairly, difference is acknowledged and valued, communication is open and civil, conflict is managed and addressed with early resolution, and there is a culture of belonging, civility and value.
Many workplace harassment/discrimination policies focus on protecting the organization from liability, and meeting the minimum legislated requirements. These policies are process-focused not people-focused, and do not embed principles needed to support inclusion, respect and a healthy work environment. Traditional policies may actually perpetuate a culture of fear, anxiety and mistrust by focusing on the reaction (often over-reaction) to conflict or bad behaviour after it has already escalated.
A 'respectful workplace' policy should include tools/strategies to enhance and support prevention and restoration, in addition to response. Training/education, and other resource tools should include information about the psychological injury caused by harassment, discrimination and bullying, and the signs to look for to see that an individual is the victim of bullying, harassment and/or discrimination.
HWR can work with your organization to establish policies & programs that will help it become and remain a 'respectful workplace.'
Mediation and arbitration can be conducted online using video conferencing at the request and with agreement of all parties. This service allows workplace parties to access resolution services quickly from any location in a safe, secure manner. Online resolution not only allows parties to resolve disputes when physical proximity may not be possible, but it can also expedite resolution by avoiding the need to schedule in person sessions. It can also offer a greater sense of safety and equity as some participants may feel intimated in a face-to-face setting.
Workplace investigations are also offered online.
A variety of online platforms can be used. All online ADR services are conducted in accordance with the standards set by the ADR Institute of Ontario/Canada.
If parties in a unionized workplace are not able to revolve matters through the grievance process or are unable to reach a collective agreement through negotiation and/or mediation, an arbitrator can provide a binding, neutral, third-party decision to resolve the dispute. Grievance arbitration, also known as rights arbitration, is a mechanism to resolve disputes about the interpretation and application of the collective agreement during the term of the agreement. Interest arbitration is a mechanism to renew or establish a new collective agreement for parties without the right to strike/lock-out (including police, fire services and hospital/long-term care homes).
With many years of experience in labour law and collective bargaining, Joy can provide services for:
Arbitration hearings can be conducted online by mutual consent of the parties.
At Hulton Workplace Resolutions, the goal is to provide conflict management and conflict/dispute resolution services that promote and support healthy, respectful and productive workplaces and workplace relationships. Conflict is inevitable and in many cases a necessary part of healthy and productive workplaces. The key is to recognize harmful conflict and address it before it escalates into a dispute or formal complaint.
Traditional approaches to conflict management and dispute resolution are often power-based and positional, and can be close-minded. This type of approach is rarely effective for the workplace. Unresolved or mismanaged conflict in the workplace can result in significant and often immeasurable costs including low morale, low productivity, and loss of confidence in management, high absenteeism and ultimately high turnover.
Effective conflict resolution can be invaluable in ensuring workplace fairness; if used proactively it can improve the relationships between those in conflict to prevent future conflict and build effective, constructive means of moving through disagreement. This is where we can offer our services to help workplaces succeed.
As an experienced leader and labour and employment lawyer, Joy recognizes the importance of proactive conflict management and other proactive interventions to address workplace culture. Too often employers want to expedite resolution of a dispute and they do not take the time to address the underlying conflict. In doing so, they often overlook the importance of fairness and equity at all stages of conflict management. To be effective, conflict and dispute resolution must be fair, and must be seen to be fair by all stakeholders.
Hulton Workplace Resolutions uses the core principles of Equity, Empathy and Respect for all workplace participants to assist workplace parties in effectively managing and resolving conflict and disputes through early intervention and alternative dispute resolution. Conflict resolution that allows for consideration of divergent ideas can lead to better outcomes if supported appropriately.
Managing conflict and disputes in an empathetic, equitable and respect-based way is important to successful, high performing organizations. Today’s workplace faces new and emerging challenges from increased diversity of perspectives in the workforce, the heightened impact of technology, increased virtual and mobile work increases and mounting external pressures and influences. Employers are also increasingly aware of the need to address and manage the psychological health and safety of their employees, and conflict management and resolution is an important component of ensuring that the workplace is safe for all.