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Workplace & Employment Process:

  • Firstly, the mediator meets with each party separately to understand their experience of the conflict, their position and interest, what they want to happen next and to answer any questions they may have. During these meetings the mediator will also seek agreement from the parties to a joint meeting.

  • In joint meetings, the parties come together for a facilitated dialogue with each party taking it in turns to recount their story uninterrupted while the other party actively listens. The mediator then assists the parties to identify and talk through the key issues. There is usually a shift during the session towards future focussed thinking, leading to the identification of outcomes and mutually beneficial agreements. The mediator usually writes an Agreement approved by both parties. This Agreement is not legally binding but is made with a moral voluntary commitment and trust.

  • The mediator will bring the meetings to a close, provide a copy of the agreed statement to those involved and explain their responsibilities for its implementation.

  • There is usually a follow up telephone review a few weeks after the mediation to check in on how any agreements/arrangements are working.

  • Anything said during mediation should be confidential to those taking part, unless all parties agree to share specific points, such as agreed actions or arrangements, with their colleagues, managers or HR. This means that a mediator may report to HR that a meeting has successfully taken place but may not disclose the detail of what was discussed or agreed, unless agreed by both parties. However, there are exceptions to confidentiality where for example a potentially unlawful act has been committed or there is a serious risk to health and safety. 

  • It should also be noted that nothing should be recorded on the employee’s record in relation to their use of, or any details with respect to the mediation.

  • Most workplace mediations are completed in two half day sessions or one full day, if appropriate or required. Usually, mediations are conducted at the employer’s site at the cost of the employer.

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