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What is mediation?

Mediation is an informal, structured process in which an independent third party, a mediator, helps people in a disagreement to create a way forward. Mediation introduces a powerful new dynamic to any negotiation or dispute discussion. It enables people to restore and develop healthy working relationships.

The goal of mediation is for the people involved in a disagreement or dispute to negotiate their own mutually agreed solutions to their problems.

Mediation is

  • future-focused – it is concerned with how things will be from now on, rather than finding blame for how things have been in the past.
  • optional – any party can withdraw from the process at any stage, to use other formal and informal procedures.
  • private and confidential – information shared during mediation is not disclosed to anyone.

What does Mediation at Work offer?

Mediation at Work provides an independent mediator to work with individuals and groups in dispute.

As an independent third party, the mediator does not express views about how to handle a specific conflict. The mediator helps the parties find an agreement between themselves and does not advise on a course of action.

All mediators who work with Mediation at Work are trained and experienced in working with conflict with a wide range of people and organisations.

It is essential that the parties to the mediation process have entered into it of their own free will.

The mediator aims to:

  • help the parties explore the conflict situation
  • develop understanding
  • identify acceptable ways forward
  • where appropriate, assist the parties in reaching agreement on ways of working together

Confidentiality

The conduct and content of any mediation meeting is confidential. The mediator will not pass on anything said during the mediation process without the permission of the parties involved – unless not to do so would involve the mediator in breaking the law. Any written agreement reached by the parties will remain confidential to the parties and Mediation at Work unless the parties specifically agree otherwise. Details of the content of the mediation process will not be included in any report unless requested by the parties.

It is a pre-condition of the involvement of Mediation at Work that the mediator will not be called upon by any of the parties to be a witness in any subsequent proceedings. This does not prevent the parties from referring to the fact that they used mediation in an attempt to resolve the conflict.

The mediation process

Mediation is an informal process – there is no laid down procedure to be rigidly followed.

However, most cases follow a common structure.

The mediator will meet with each of the parties to the mediation process separately.

This briefing meeting provides an opportunity for each party to tell the mediator how they see things from their perspective and to be clear about what they want from the mediation process. The initial briefing meetings provide a good opportunity to raise with the mediator any concerns or questions about how the mediation meeting might proceed. The mediator will check with the parties that they are willing to proceed to the next stage of the mediation process.

If everyone agrees, a mediation meeting between all the parties follows the briefing meetings. The mediator chairs the mediation meeting. Usually one briefing meeting and one mediation meeting are sufficient. Very occasionally, further meetings are needed.

If the parties reach an agreement about ways forward, the mediator will offer to help them put this in writing. It is up to the parties to decide whether anyone else receives a copy of the agreement.

The mediator remains impartial throughout the process and does not offer advice about the parties’ contractual or statutory rights.

How workplace mediation can help – a case study

The performance of a whole department was being undermined by the lack of trust between two members of the senior management team. Initial private meetings were held with each to discuss their situation. In these, both expressed the feeling that the other party did not appreciate the pressures they were under.

At a subsequent joint meeting, they explained how the other’s behaviour was affecting them.  Through this, they gained insights into how they themselves were contributing to the poor atmosphere, and it became clear that the behaviour of another colleague was also contributing. As a result, the parties agreed on a number of ways forward, including:

  • regular meetings to appraise each other of progress, new initiatives and pressures
  • joint management of their colleague to ensure they weren’t ‘played off’ against each other.

Both were visibly relieved and energised by finding a way forward, and other senior managers quickly noticed the knock-on effect on the morale and performance of all.

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Testimonials

  • From my perspective the whole process has gone very smoothly, from my initial call with Alison through to Sarah your office manager completing our new supplier paperwork and of course John for being proactive in contacting me. Both [redacted] and [redacted] have also asked me to pass on their thanks to you, [redacted] also mentioned he was very impressed with the service that has been provided.

    HR Manager

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Testimonial

From my perspective the whole process has gone very smoothly, from my initial call with Alison through to Sarah your office manager completing our new supplier paperwork and of course John for being proactive in contacting me. Both [redacted] and [redacted] have also asked me to pass on their thanks to you, [redacted] also mentioned he was very impressed with the service that has been provided.

HR Manager |

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I have recently become an accredited [email protected] coach and so have added this tool and skill set to the accredited conflict coaching models that I have… Read more »

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Featured Case Studies

Group Conflict – Conflicts between teams

It is not uncommon for conflict to arise between different teams. This can have considerable impact on both individuals and performance. A number of approaches can be used in this sort of scenario, including neutral assessment, team facilitation and group mediation.

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Conflict Coaching – Shareholder/Director dispute

Agreement could not be reached to enter into mediation in this situation and therefore coaching was an alternative support provided to one of the parties. The relationship between a majority shareholder and a shareholder/director was causing conflict. The relationship would be ok at times but disagreements would flare up from time to time and this was beginning to impact on the business.

Read more »

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© Copyright Resolution at Work Ltd 2021

Resolution at Work Ltd
Registered address:39 Cardiff Rd, Cardiff CF5 2DP

Company number 07480527
Registered in England & Wales

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