HOW WORKPLACE & COMMUNITY MEDIATION WORKS
These mediations are often commissioned by or financed by a connected third party. They are often not about “rights and duties” but about relationships and structure.
There are many reasons why an organisation or group may decide that they would like to appoint a mediator. In situations in which there is a breakdown in relationships or negotiations have stalled:
You are involved in a dispute or conflict or difficult negotiations and appear to be in a state of impasse.
There is too much emotion for the parties to address the situation without external help.
You wish to find a fresh way of achieving a resolution and rebuilding the relationships.
The internal HR or other processes require the parties to use mediation.
The commissioner (e.g. the employer) will approach a mediator but is usually not directly involved in the dispute. Those in dispute may have a poor understanding of mediation and want to be confident that it is in their interests to participate before committing to do so.
The one essential ingredient of any mediation is that both parties are willing to participate. If you want to mediate ideally you should check that the other party is willing to do so before approaching the mediator.
The mediator will agree the terms for payment with the commissioner/referrer and will often ask for additional background information such as:
The nature of the dispute.
Whether a venue can be provided.
Has either employee been off with sickness absence as a result of stress, anxiety arising from the conflict?
Are there any relevant timescales or dates to avoid.
Any likely timetabling restrictions. (e.g. if either of the parties are part time).
Mediation provides an environment in which:
people can express their fears and concerns and focus on what they have in common, reducing the terror of the new by encouraging open communication and feedback.
people aim to understand each other, what is required of them, and why things may have gone wrong in the past.
the parties themselves are encouraged to look towards the future and to produce effective practical solutions to complex issues, build understanding and rapport, and find ways to refocus on their core tasks.
the parties may identify and address underlying causes, such as organisational difficulties, blurred role definitions, or inadequate working practices, to address conflicts at their roots.
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The involvement of an independent mediator can help to foster a culture of understanding and respect in which the parties can identify and address the underlying causes of the conflict creating a more harmonious and productive work environment. When successful this, in turn, will reduce stress, get people back to work, and keep them collaborating, whether they like one another or not.
Typically, the process is flexible and is designed around the needs and requirements of the participants. The mediator will provide the participants with more detailed information. It will typically involve or include the following but may vary according to the preferred approach of each different mediator and the needs of the parties.
Administration time and pre-mediation paperwork (mediation appointment and pre-mediation information pack and questionnaire).
Communications with the referrer.
Pre-mediation meetings with each party, (either face to face to Zoom) lasting 60 to 90 minutes.
Pre-mediation preparation including getting participants to sign an informal agreement to mediate.
Mediation lasting up to 4 hours.
Preparation of the mediation settlement agreement to be signed by the parties, generally on the day.
Feedback to the referrer as agreed between the parties.
Follow up.
However, we do recognise that many employees and other participants are uncertain about the process and need reassurance on issues such as confidentiality, autonomy and independence before they decide to commit. Therefore, we can split the work into two stages. The first stage involves the initial appointment and initial meetings for around half the fee. Provided that all parties are willing to proceed we will then arrange the mediation itself for the remainder of the fee.
We can undertake these mediations on an hourly, as required basis, if that is preferred.
Joint session
Since the main emphasis is often about rebuilding relationships, the main focus of the mediation will be one or more joint sessions. These will start with the parties giving opening statements and responses and move on towards finding common ground and building a list of issues.
Private sessions
Joint sessions can be stressful. Often it is helpful for the parties to take a break and the mediator to spend some time with each party in a confidential private session before resuming.
The whole mediation session is confidential and impartial, allowing both parties to present their perspectives. Our role as mediators is to facilitate dialogue, identify common ground, and guide discussions toward resolution.
When the parties reach a consensus about how they would like to move forward, we will help them to record that in writing so that they have an informal record of the agreement. It is not usually intended to be legally binding. The agreement can, if they prefer, be kept entirely confidential to them or they can share it with the commissioner. Either way, some kind of report on the outcome will need to be given to the commissioner.
If no resolution is found, parties still retain the option of pursuing any other courses of action that might be available.