Consider Mediation before Arbitration

​

The best conflict resolution is one that is arrived at by the parties themselves through mediation.  This ensures a positive relationship moving forward, particularly in this "small-world" industry where the parties are more than likely to find themselves working together on a future production.

 

Mediations can take many forms, but the foundation of mediation is to allow all parties to control their future inside and outside of the workplace. While there are countless possible conflicts, some of the more common conflicts include union members who find themselves in a conflict that might not warrant an investigation but is serious enough to warrant a facilitator to reach a positive resolution.​

 

Perhaps a producer and a union/guild find themselves at loggerheads over the interpretation of an article in any of the collective agreements.  Carol Anne DaCosta, with over a decade of interpreting language, can assist you with this before a formal grievance is filed.  Once a formal grievance is filed, the next step in the process would be parties finding themselves heading toward arbitration.

​

Arbitration should be a last resort. Unlike mediation, the power of the parties is stripped away and given to a single arbitrator.  

Arbitrators are given the power to assess the situation, are given the power to reach a binding conclusion, including a ruling on any and all compensation, and are required to file a written decision that will be made public and, as a result, form precedence within the industry for any future similar complaints.

​

Mediation leaves the power with the parties, enables the parties to control the process and make decisions to suit their common interests resulting in a mutually beneficial outcome.  The decision of the parties is encompassed within a confidential Memorandum of Settlement, can often be resolved within a day, and is far less costly than arbitration. Mediation attempts to ensure that long-held professional relationships can continue moving forward without being tied up for months in the more formal process of arbitration.​

 

Carol Anne DaCosta is a mediator who understands the importance of listening to and hearing, individuals who become involved in a personal or professional conflict so that the parties can walk away knowing, with confidence, that they can continue to work with each other to get the best results within the bigger picture. Carol Anne knows that there is always a solution to any conflict through mediation. 
 

Contact Carol Anne DaCosta at 647 338-7876 or contact@on-setinvestigations.ca

​

​

​