Mediation

Mediation, unilateral representation or a legal counsel? You are wondering what would be best for you. Coming to an agreement together is the best way of dealing with a labour dispute or dismissal. This initiative to come to a solution will afford the best chance of a balanced and optimal result at lowest cost. The substantial interests and emotions involved make intervention by an experienced third party an intelligent choice.

Both ‘mediation' and ‘unilateral representation' have become increasingly popular over the years due to the surprisingly effective and good results. Otherwise, this also applies in the case of a legal battle, you will be confronted by an escalation resulting in a costly and often ‘bloody' battle that you would rather avoid. Mediation or unilateral representation prevent the often difficult, costly and risky procedures. It would be best to initially seek the help of an experienced third party to come to a good understanding together and to reach an agreement. It is also often advisable for both employers as well as employees to suggest timely external intervention by experts if the discussions are in danger of reaching a deadlock or have reached a deadlock and the balance of the relationship is in danger of being upset. After all, a conflict, or potential conflict, starts once the interests differ to such an extent that the differences appear insurmountable.
Employees usually choose the unilateral representation method because being the representative's only client makes them feel good. Mediation, on the other hand, has a bilateral assignment basis by employee and employer and has practically the same advantages. Both methods will assure you of expert assistance, also in the field of labour law and its application to your situation. On top of this mediation offers employees security in their awkward position. In both cases, your mediation initiative will be positively assessed by case law: you have, after all, attempted to prevent an escalation by your willingness to find a solution together.

Employers usually use mediation as this method is more effective than the legal approach. The effectiveness, the directness of the procedure, the control of the process and the strict regulation and predictable results make the difference. A meticulous course and balanced results, also with regard to legal aspects, is guaranteed for both parties on an impartial basis. Mediation has, in any case, significant cost advantages as the high costs of an escalation or legal escalation are avoided.

On average, 93 % of the mediation cases performed by Surplus are successful. Surplus mediators are qualified by and registered as 'Registermediator' with the NMI (The Netherlands Mediation Institute).