Hulton Workplace Resolutions Services

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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 and approaches are used to assist workplace parties to manage and resolve conflicts before them become disputes:

• Mediate disputes among employees, between employees and managers
• Peer mediation or facilitation within and between work groups/departments
• Advise on conflict management/resolution system within the organization

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. 

Mediation/facilitation are also useful tools to support workplace restoration. 

 Wrongful dismissal usually involves disputes about compensation but for the parties involved, it can be a very emotional process.  Wrongful dismissal cases 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.

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. 

• Resolve wrongful dismissal claims without expense and acrimony often associated with litigation
• Use interest-based negotiations as an alternative to costly litigation or arbitration

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.

• Low risk and low cost alternative to grievance arbitration
• Early resolution to grievances
• Multiple “mini mediation” to resolve matters and narrow issues that require formal dispute resolution

 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.'

HRW conducts workplace investigations, in a fair, transparent, and timely manner,  informed by years of legal expertise. Investigations are conducted in a trauma-informed approach with care and attention to confidentiality and the well-being of all parties. 

HWR is a member of the Workplace Investigator Network (WIN) Roster.

www.thewin.ca

Workplace services are offered in person or on virtual platforms. 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 resolve 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:

• Grievance arbitration, including med/arb
• Interest arbitration (specializing in police, fire, paramedic services and other essential services)

Arbitration hearings can be conducted online by mutual consent of the parties.