Mediation

What is mediation?

Mediation is where an impartial third party, the mediator, helps two or more people in dispute to attempt to reach an agreement. Mediation is based on the principle of collaborative problem-solving, with a focus on the future and rebuilding relationships', it is not to blame or determine who is right and who is wrong.

Mediation is different from other approaches to conflict resolution, such as grievance procedures and the employment tribunal process, in a number of ways including:

Mediation is:

• less formal
• flexible
• voluntary
• morally binding but normally has no legal status
• confidential
• (generally) unaccompanied
• owned by the parties involved

How can mediation help?

Mediation offers a safe and confidential space for participants to restore and maintain a working relationship focusing on moving forward. It does this through:

• exploring the issues, feelings and concerns of all participants and rebuilding relationships using joint problem-solving
• allowing those involved to understand and empathise with the feelings of those they are in conflict with
• giving participants insights into their own behaviour and that of others and opening up opportunities for change
• helping participants develop the skills to resolve workplace difficulties for themselves in future
• encouraging communication and helping the people involved to find a solution that both sides feel is fair and offers a solution that favours them
• using energy generated by conflict in a positive way to move things on

When should mediation be considered?

The referrer needs to be able to demonstrate steps have already been taken to try to resolve the difficulties between the two employees.  If previous attempts to resolve the difficulties have failed, mediation should be considered if all those involved are in agreement. 

Mediation is a voluntary process and, is most successful when it is undertaken early and both parties believe that resolution is possible.

What is the role of the mediator?

The mediator is not there to judge, to say one person is right and the other wrong, or to tell those involved in the mediation what they should do. The mediator is in charge of the process of asking questions to identify the real issues of disagreement, and helps parties to identify and evaluate options to resolve the problem. The mediator does not offer solutions.

Our Mediators are accredited by an external mediation service who acts as internal mediators in addition to their day jobs. They can work individually or in pairs as co-mediators.

How long is a mediation session?

Mediation may take up to a day or longer depending on the issues and the time needed to reach an outcome.  Mediation can be successful where other processes have failed.  After the mediation process ends, the referring manager will be informed whether mediation has been successful or not - no other details will be given.

Mediation outcomes

Mediation is confidential to the participants involved.  After the mediation process ends, the referring manager will be informed whether mediation has been successful or not - no other details will be given.

However, there are exceptions when, for example, a potentially unlawful act has been committed or there is a serious risk to health and safety.

What happens when mediation breaks down?

If at any point during the process someone wants to withdraw from the mediation for whatever reason, the mediator will inform the co-ordinator that the mediation will not proceed.  There will be no reason provided why or who has decided to not go ahead.  

There might also be situations where the mediator feels that mediation should be stopped. This might happen if:

• it becomes clear that the situation is serious enough that it should be a formal grievance rather than mediation
• a participant's behaviour is unacceptable
• a participant becomes too distressed to continue