Mediation is about resolving conflict and replacing it with a healthy working relationship. Sometimes the conflict between individuals at work goes beyond their ability to restore or create harmony. This is where a trained mediator can help.
The mediator’s role:
The mediator is neutral/impartial and their role is to facilitate the parties in coming to a resolution of their dispute. The mediator will not impose a settlement on the parties. The mediator does not give legal advice and cannot be subpoenaed to give evidence in a court or other legal procedure.
The mediation procedure:
After individual meetings with the parties, the mediator may ask the parties if they would be willing to have a joint meeting with the mediator facilitating the discussion. If, after the first individual meetings, the parties are not ready for a joint meeting, there can be further individual discussions with the mediator.
The mediation discussion and agreement are confidential between the mediator and the parties, or in the case of the private meetings, between the mediator and that individual. However, in some cases the party may give permission for the mediator to disclose something to the other party. In these cases, it will be agreed between the mediator and the individual what will be said.
If the mediation results in a resolution, the parties will formulate a Mediation Agreement, with the help of the mediator, and all will sign the agreement, which then becomes binding. The discussion and agreement are “without prejudice” which means that they cannot be “shown to a judge” or, in other words, used in a court case.
Follow-up to the mediation
If a resolution is reached, the mediator will follow up with the parties after one month to check that all is well with the agreement. If there are any problems, a further meeting may be arranged.
Please contact us for further information about mediation.