The Advantages of Using Workplace Mediation

  • Left unresolved, conflict at work is costly in time and productivity. Mediation is quick to arrange and is likely to bring a situation to some form of resolution.
  • Mediation is always more cost effective than going to a tribunal.
  • The win/win formula of mediation is an effective way to preserve reputation.
  • Mediation focuses on the future working relationships of those involved.
  • As the process is confidential, the parties involved can be confident that they express exactly how they feel without any written record for the future. This is especially important where trust has broken down between management and the individual(s).
  • You do not lose your employment rights by taking part in the mediation process.

Some workplace mediation questions and answers

Q:"If someone takes part in mediation, do they lose their privilege to pursue their statutory rights?
A:No. Mediation is 'without prejudice', and parties who elect to try mediation reserve their right to use other measures. Courts and tribunals take the view that, 'One party can disclose the content of earlier negotiations and/or mediations only with the express permission of the other'. Mediators cannot be called as witnesses in any subsequent proceeding, whether internal (grievance, disciplinary), or external (e.g. Industrial Tribunals).

Q:"Do the disputing parties have to take part in mediation?"
A:No. Mediation is voluntary. The parties need to know that they are free to leave or withdraw at any time. This allows them to drive the process themselves, rather than feeling that they are being driven towards some imposed outcome or understanding. The parties will consequently feel more committed to their outcomes and agreement.

Q:"But what if the parties do not have the authority to settle the dispute?"
A:Then we would need to involve the people who do. The mediator(s) and the referring organisation must ensure that the correct parties, i.e. those who are empowered to make the agreed changes, are involved from the outset. If this turns out not to be the case, then the people who do hold the requisite authority may need to become involved.

Q:"Is mediation confidential?"
A: Very. The process of mediation must be seen by the disputing parties to be entirely confidential, both within the mediation itself, and with respect to further proceedings. The mediator will not divulge any confidences that are shared unless given permission to do so, and no notes or records of the mediation will be kept.

Q:"What if the parties don't like the mediated agreement?"
A:Then it is an agreement that will not 'stick', and it will therefore not provide a resolution. The content and terms of the agreement are entirely a matter for the disputing parties themselves to agree. They are themselves responsible for defining the problem and setting the agenda, and no agreement can be imposed through mediation.