Independent resolution of employment disputes
Employment disputes involving executives, directors and senior employees often carry consequences beyond the immediate legal claim.
The issues may include reputation, remuneration, confidential information, restraints, professional relationships and the future of the parties' working relationship.
O'Callaghan Advisory provides independent mediation for significant employment disputes where the parties want an experienced employment lawyer facilitating the process.
Types of mediation offered:
- Facilitative mediation: thinks typically occurs whilst employment is still on foot and the parties seek to resolve difficulties in the working relationship. Chris implements a process for the employer and individuals to engage in constructive discussions with a view to resolving their differences.
- Evaluative mediation:
- Conciliation:
The mediator role
As mediator, Chris does not represent either party.
His role is to provide an independent process in which the parties can assess their respective positions, explore resolution and, where possible, reach their own agreement.
The mediation is conducted by someone who understands the legal and practical issues that commonly sit underneath an employment dispute.
O'Callaghan Advisory facilitates a considered route to resolution.
The parties remain responsible for the outcome.
Types of matters mediated
Matters suitable for mediation include:
- Contested senior executive departures
- Contractual and remuneration disputes
- Restraint and confidentiality disputes
- Alleged misconduct or performance issues
- Discrimination and workplace disputes
- Termination disputes
- Bullying allegations
- Other significant employment-related conflicts