Holmes Mackillop director says mediation may have helped avoid disputes that hastened demise of the CCA
Karen Condie, director at Holmes Mackillop Solicitors, says that mediation may have helped avoid disputes that hastened the sad demise of Glasgow’s Centre for Contemporary Arts (CCA).
“While many will have fond memories of the CCA, these have been tainted with more recent memories of pickets by angry sacked employees of the institution’s tenant’s cafe and protests by pro Palestine campaigners,” she said.
“Even the reporting of its employees being told on a call that their jobs had gone leaves a sour taste of a failure to engage and communicate and to treat people with respect.”
Condie noted that, like many lawyers, Holmes Mackillop refers to its litigation service as ‘dispute resolution’ but suggests that too often in dealing with disputes, the aim of resolving it is narrowed to a goal of getting money, rid of an employee or a favourable court order.
“We often see this happen in employment where ensuring compliance with all the steps in a redundancy, grievance or disciplinary process results in a blinkered approach with opportunities to reach an earlier, cheaper and, most importantly, amicable resolution missed,” she says.
“It results in a ‘them’ and ‘us’ approach, which is all too apparent when you have pickets outside or protesters occupying your premises.
“Mediation is often used in family disputes involving children but is not so common in the business world. Meditation can heal rifts in a way that is not possible in litigation, where the focus is on a winner and a loser.
“No one is making a concession in deciding to mediate; they are making a concerted effort to resolve their dispute with dignity, but their advisers need to be alert to this route and assist their client through the process.
“At Holmes Mackillop we see the bigger picture and do not just focus on rigid compliance with an ACAS code or court rules where there’s an alternative route that could achieve a better outcome.”
ENDS
For further information please contact Karen Condie on tel 0141 226 4942