When mediation is a suitable, not soft, option

Not all cases of employee fraud are suitable for the legal system – some could be effectively handled using mediation, argues Clive Lewis OBE DL.

Clive Lewis is a human resources professional, founding director of Globis Mediation Group (www.globis.co.uk, +44(0)330 100 0809) and Healthcare HR Solutions, and author of several books. He works across the public, private and voluntary sectors, is on the JAMS (the world’s largest dispute resolution organisation) International Panel of Mediators and was recently appointed as a UK mediation expert to Jordan. Clive is a non-executive director in the UK National Health Service, a trustee of the National Youth Orchestra, chair of the Open College Network South West and was made chair of a government-appointed independent panel exploring the rising costs of youth underachievement. He was awarded an OBE for public service in the Queen’s Birthday Honours list of 2011 and was commissioned as a Deputy Lieutenant in 2012.

Some instances of white collar crime, such as that of Jerome Kerviel who lost his employer Société Générale €4.9bn through fraudulent activity are, arguably, open and shut, relating to one individual motivated by greed and acting in disregard for law. These situations can naturally be dealt with in a court of law. However, there are other cases that present many shades of grey – especially so under the current increasing business pressures created by the economic downturn.