Mediation

Your line manager will normally agree to this, provided there are no operational reasons not to do so.

No. Mediation is entirely voluntary and needs the agreement of both/all parties. If you agree to take part, you are also free to leave or withdraw at any time. This allows you and the other party(ies) to drive the process yourselves and come to your own agreement rather than having an outcome imposed upon you. It is hoped that this will make you all feel more committed to what you agree on.

Although Mediation is an informal alternative to formal procedures, you retain the right to use the university’s formal procedures should you choose to do so.

The mediation process is entirely confidential. Any notes or records made by the mediator during the process will be destroyed after the process concludes.

The mediator will not divulge any confidences that are shared unless permitted to do so.

The one exception to this is where the mediator reasonably considers that the safety of any person is or may be at serious risk. Should this happen, the mediation process will be stopped, and Mediators will alert the People Function.

No. Mediation is ‘without prejudice’, and if you agree to try mediation, you reserve your right to pursue formal procedures.   

Should you feel uncomfortable or unhappy with any aspect of the mediation process itself, you should raise this with the mediator. If your concerns cannot be resolved, the mediation will have to be abandoned.

Since the mediation process is confidential, it would not be appropriate for you to raise a formal complaint in relation to the mediation itself, as there can be no meaningful investigation.

You will also be given the opportunity to complete an anonymous mediation evaluation form at the end of the process to provide feedback on what we are doing well and where we need to improve. It also lets us know how you are getting on after mediation and your views on the mediation process as a whole. Your response will be treated confidentially.

Once both/all parties have agreed to take part, the appointed mediator will contact you both/all and arrange a date to meet.

The mediator will initially meet with each of you separately to learn more about the situation from your perspectives before bringing you together in a joint meeting. At the joint meeting, your mediator will encourage all those present to participate.

They will work with you to ensure you each have the same opportunity to express your feelings and concerns, to look at the problems in turn, and to move towards a mutual solution. Your mediator will support and encourage you to generate ideas for this solution, but will not tell you what you should do.

You can request mediation at any time, and before, during or after any formal proceedings, as long as you genuinely want to see an end to the dispute.

The mediator arranges mediation at a neutral location convenient to both/all parties.

During the final stage of the mediation, you will be encouraged to agree on a way forward and formulate a plan of action. If agreement is reached, the mediator will write it down and have it signed by all members of staff. 

One copy will be given to each party, and the mediator will retain one. 

This will be a written record of what is agreed. Any agreement reached is not legally binding but is covered by the confidentiality of the mediation.

There can only be a mediated agreement when all parties agree. If you feel you are being asked to agree to something which you are not genuinely in favour of, you should speak to the mediator to explain your objections.

You and the other party/ies are responsible for defining the problem, deciding the content and terms of the agreement. No agreement can be imposed through mediation.

Parties who agree to take part in mediation do so on the understanding that they intend to keep to any agreement reached.

Whilst the agreement is not legally binding, it is hoped that individuals will follow the agreement.

Mediation has a high success rate, but, of course, there can be no guaranteed outcome.

The mediator is there to help, but it is up to the parties involved to reach their own agreement.

Your Mediators will take this into account and will not make you meet with the other party if you do not agree.

However, for mediation to stand a chance of success, all parties will eventually have to meet around the table.

In preparing for any mediation meeting, it may be helpful to think about how you can clearly describe the situation or issues that have brought you to mediation in the first place.

In this way, the other party/ies can better understand your point of view. Think about what is important to you, what you need from the other party and from your perspective, what you believe is the best possible outcome.

Only if you and the other party agree for this information to be shared.

Your mediator will not disclose anything beyond a statement that an agreement has or has not been reached unless both/all parties explicitly agree for them to do something different.

Arbitration involves an impartial outsider making a firm decision on a dispute, based on the evidence presented by the parties. In arbitration, both parties must agree in advance to abide by the arbitrator's decision.

In contrast, a mediator assists the parties in reaching a solution acceptable to both of them without imposing a decision. A mediator will not make judgments or determine outcomes. They ask questions that help uncover underlying problems, assist the parties in understanding the issues, and clarify the options for resolving their conflict.

The purpose of mediation is for a neutral, independent mediator to assist those in conflict in resolving their differences and reaching a mutually acceptable agreement on the way forward.

Mediation is:

• A chance for parties to consider their real needs and interests
• An opportunity for discussions on a without prejudice and confidential basis
• Future-focused, in addition to reviewing past events and present circumstances
• An opportunity for more creative solutions than those available through formal procedures

• Resolution can be achieved in days or weeks rather than months or years
• Mediation can get to the issues which contributed to the creation of the dispute
• Management time is better employed
• Relationships can be preserved
• The costs are lower
• It avoids damage to the relationships within a team, which could be caused by an internal investigation of a complaint
• The process is entirely confidential
• The parties actively manage the process
• Various options to achieve the resolution can be explored and tested
• The parties are more likely to abide by the solution since they designed and agreed to it
• As the parties control the outcome, there is greater satisfaction with the results

Mediation can be used at any time when the working relationship of two or more individuals has broken down. This may be before, during or after formal internal proceedings, as long as both parties genuinely want to see an end to the dispute.

Mediation is appropriate when the individuals:

• Have voluntarily chosen to take part and do not feel pushed into it
• Are committed to the process and want to solve their problems
• Need help from an external party to work things out
• Have to work together and cannot avoid the conflict between them

It may not be appropriate where:

• One party has no genuine interest in reaching an agreement
• As a first resort, before an attempt has been made to resolve the dispute themselves
• Where the line manager would be able to support the parties to resolve the conflict as part of their managerial responsibilities, without the intervention of a mediator
• A decision about right or wrong is needed, for example, where there is a possible disciplinary offence
• The individual bringing a discrimination or harassment case wants it investigated
• The parties do not have the power to settle the issue

If an internal mediator is used, the mediation itself is free, although there may be costs if rooms need to be booked. If an external mediator is engaged, there will be costs for the mediation.

In both circumstances, the department employing the staff member who originally raised the concerns will be required to cover the cost.

Although the line manager may suggest this to the member of staff as a way to seek an informal resolution of an issue, they may not request it.

It is expected that mediation will normally take place during work time and that line managers will agree to this, unless there are operational reasons not to do so.

Not everyone will immediately agree to participate in mediation. They may be angry or so intent on proving the other party “wrong” that only the formal procedures will satisfy them.

Sometimes, just waiting a few days or weeks can make a difference, and parties may be more willing to discuss the options more calmly and openly. They may need some time to realise the time involved and the implications of pursuing more formal procedures.

They may need more information about how mediation works and whether it meets their needs. Consider referring them to the mediation guidance and procedure available on the university website, which includes information on the benefits of mediation and frequently asked questions for participants.

Of course, staff cannot be compelled to undergo mediation, and whilst some may come round to the idea, others may never agree to participate and always have the right to refuse.

The line manager will normally only be given basic information on whether an agreement has been reached.

The parties involved in the mediation may, in addition, agree to share more, and they will have decided this as part of their agreement.

Arbitration involves an impartial outsider making a firm decision on a dispute, based on the evidence presented by the parties. In arbitration, both parties must agree in advance to abide by the arbitrator's decision.

In contrast, a mediator assists the parties in reaching a solution acceptable to both of them without imposing a decision. A mediator will not make judgments or determine outcomes.

They ask questions that help uncover underlying problems, assist the parties in understanding the issues, and clarify the options for resolving their conflict.