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Labor Disputes: Unfair Dismissal

 

A dismissal deemed unfair can generate internal tensions, legal risks, and significant financial impacts for the company.

Mediation is a quick and effective way to manage disputes with employees, reduce risks, and reach an agreement without having to go through lengthy, costly, and unpredictable legal proceedings.

Book a free 30-minute consultation with a trained Case Manager.

The problem: wrongful dismissal and its implications

A dismissal can be contested when the employee believes that:

  • there are no valid justifications
  • the procedures established by law or by the contract have not been respected
  • there was discriminatory treatment
  • the measure is not proportionate to the contested facts

These situations generate conflicts that can damage the business climate, increase the risk of litigation, and generate unexpected costs.

 

The consequences for the company

A challenge for unfair dismissal can have significant repercussions:

  • risk of employee reinstatement
  • requests for financial compensation
  • increasing legal costs
  • internal and external reputational damage
  • tensions between human resources, management and the teams involved
  • loss of operational time in non-productive activities

Intervening promptly and with a professional approach is essential to protecting the company.

 

Why mediation is the best solution

Mediation in employment disputes allows you to address sensitive conflicts such as unfair dismissal in a confidential, prompt, and collaborative manner.

Key benefits include:

  • much shorter times than the judgment
  • total confidentiality , important for HR and corporate reputation
  • reduction of legal and administrative costs
  • greater flexibility in defining the agreement
  • possibility of preserving internal relations
  • professional management of emotional and communicative tensions

Mediation offers a safe space to reach a balanced agreement, protect the business, and resolve the dispute quickly.

Why choose ADR Center

ADR Center is one of the leading professional bodies specializing in the management of employment disputes.
Our mediators are experts in industrial relations, HR dynamics, and the management of sensitive conflicts such as dismissal disputes.

What we guarantee:

  • impartial analysis of the situation and the reasons for the conflict
  • professional management of the dialogue between company and employee
  • support in defining sustainable legal and economic solutions
  • protection of confidentiality and corporate reputation
  • facilitation in the construction of a definitive and stable agreement

Examples of unfair dismissal disputes handled through mediation

  • An employee contests the disciplinary reasoning, believing it to be disproportionate to the facts.
  • An employee claims the firing was related to discrimination or retaliation.
  • A manager believes that the procedures set out in the contract were not followed.
  • Disputes regarding notice period or severance pay.
  • Difficulties in managing internal communications and media exposure of the case.

How the service works

  • Book a free 30-minute consultation with a Case Manager specializing in employment law .
  • Let's analyze the dispute and its implications for the company.
  • We evaluate whether mediation is the best path to reduce risks and costs.
  • We arrange a meeting with a mediator experienced in employment matters.
  • The parties are working to reach a prompt and confidential agreement.

Questions & Answers

ADR Solve Faq

ADR Solve is a global online service powered by ADR Center that makes it easier and more accessible to start a mediation process to resolve legal disputes, anywhere in the world and in any language.

With the help of a professional, accredited mediator, parties can avoid lengthy court proceedings and find faster, cost-effective solutions to civil, commercial, or family disputes.

When you fill out the online request form, ADR Center will review the information you provide about the dispute and the parties involved.

Based on this, we will schedule a free 30-minute call with one of our experienced case managers, who speaks the selected language.

During the call, you and the case manager will evaluate whether your dispute is suitable for mediation.

If appropriate, you’ll have the option to officially file a request for a First Online Mediation Session and invite the other party to participate.

Once you file the request, our case manager will contact the responding party (by email or phone) to ask if they agree to attend the session.  

  • If they decline, no further action is taken and there are no additional costs.
  • If they accept, ADR Center will appoint a professional mediator (in accordance with our International Mediation Rules) and coordinate the date and time for the online session.

The First Online Mediation Session is a confidential virtual meeting, up to two hours long, where a professional mediator meets both parties to discuss the dispute and possible ways to reach an out-of-court settlement.

The mediator may also use private breakout rooms for separate discussions with each party. All conversations are protected by confidentiality rules under ADR Center’s International Mediation Rules.

After the session, both parties (and their legal advisors, if present) can decide whether to:

  • Continue with additional mediation sessions, or
  • End the mediation process and consider alternative legal actions.

Parties can attend mediation with their lawyers or have them initiate the process on their behalf.

Lawyers and general counsel can actively support their clients throughout the mediation to ensure legal clarity and assist in reaching agreements.

ADR Solve can handle a wide range of civil, commercial, and family disputes of any value.

A full list of eligible dispute types is available in the online request form.

The initial 30-minute assessment call with a case manager is completely free and with no obligation.

Filing a request for the First Online Mediation Session requires a €100 administrative fee. If the other party does not agree to participate, there are no additional costs beyond the €100 filing fee.

If the responding party agrees to participate, each party pays €250 for the session.

If the parties decide to continue with the full mediation, the fees are agreed based on ADR Center fee schedule for full mediation. 

Do you want to resolve a dispute quickly, effectively, and without filing a lawsuit?

Book your free consultation with an expert case manager now.
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