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).
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