What is Mediation
Mediation is a problem-solving process used to resolve disputes and conflicts. It is an informal, yet structured process guided by our trained mediator who serves as an impartial third party. Our mediator assists the parties involved hold honest discussions, to feel safe in expressing emotions, and to work through problems in order to reach a resolution.
When conflict arises in the workplace, a decision has to be taken as to how the issue will be addressed. Mediation is a confidential process which encourages all parties to discuss all elements of the dispute. Mediation can encourage a swifter resolution of differences and aims to find a solution that satisfies all parties.
In workplace mediation, an independent, neutral Mediator assists the parties to come to agreement through a collaborative process. Agreements through mediation are legally enforceable under the Mediation Act 2017. It is expected that parties to the mediation are entering into the process with the intention to address and seek resolution of the issues, and accordingly should co-operate with the mediation process to avoid unnecessary delays.
Mediation can be effective in some of the following situations:
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In conflict prevention and management
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In single or multi-issue disputes
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For conflict of two or more people
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For developing innovative and sustainable solutions
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Resolving conflict at an early stage
In order to increase the likelihood of a successful outcome from the mediation process, participants should be prepared to work towards resolution and have the authority to agree on a solution. Mediation should be facilitated by an independent mediator, who is trained in mediation skills. Many Organisations engage the services of a consultant to undertake this work for them, although this is not a requirement.
The focus of the mediator is to facilitate and broker agreements, remain impartial and make no judgements regarding the parties involved. Mediators assist and enable all parties to work through problems and identify solutions.
A fundamental element of the mediation process is that the parties to a dispute provide all information in relation to same in good faith, and fully disclose any relevant information that may impact the process. Any documents containing pertinent information may be shared with the Mediator confidentially, and subsequently may be shared by the Mediator with the consent of the party concerned.
It is expected that parties to the mediation are entering into the process with the intention to address and seek resolution of the issues, and accordingly should co-operate with the mediation process to avoid unnecessary delays.