WORK PLACE MEDIATION

Delivered by East Midlands Councils

What is Mediation?

“Mediation is a process whereby a neutral third party intervenes into a workplace conflict or dispute to assist the parties to reach a satisfactory

outcome.

Mediation typically lasts for one full day and creates a safe environment where all parties are able to communicate and work towards the

restoration of a positive working relationship. Mediation is a structured process, which encourages all parties to identify, consider and discuss

their own, and each other's current and future needs. Mediators encourage and facilitate open and honest communication; this often

leads to increased awareness, understanding and empathy."

3 The first pre­mediation meeting with the parties

4 The second pre­mediation meeting

5 Direct mediation (Joint meetings)

6 Closing the case

What is mediation?

The six stages of workplace mediation Prior to mediation starting

The mediation day

1 Referral ­ setting up the mediation

2 Making contact and gathering the information (typically by phone)

The First Pre­Mediation Meeting The first pre­mediation meeting generally lasts for 1­1.5 hours and is chance for the mediators and the parties to meet each other separately before the joint meeting. The purpose of the first pre­mediation meeting is:

1. To explain and clarify the role of the mediator and the mediation process to theparticipants and to answer any questions that they may have.

2. To consider the various elements of mediation and their impact on the individualsinvolved.

3. To identify, through a process of active listening, the history of the situation aswell as the participants future needs and expectations.

4. To discuss participants goals for mediation (see appendix d)

5. To agree a terms of reference for the mediation process which the

participants are able to commit to.

What is a mediator?

A mediator is an independent person who is invited into a conflict or dispute to work with the people involved as they try to find a positive way forward. The mediator does not judge who is right or wrong, they do not blame the people involved and they do not tell people what to do.

The mediator will listen carefully to what the individuals have to say. The mediator will ask a number of questions and through this, information will be shared between the participants. The mediator will use his/her skills to address the current concerns and issues; they will consider what the problems are from each perspective, who is involved and what the parties’ current expectations and goals are.

Throughout the mediation process the mediator will consider how to move forward and will work with the participants involved to consider future needs, expectations and options.

2 x pre mediation meetings

Referral

Direct mediation

Closure

Follow up / evaluation

The Second Pre­Mediation Meeting

The second meeting is a relatively short meeting. The purpose of the second pre­ mediation meeting is:

1. To explore, in detail, the issues raised at the first meeting along with anyadditional issues from every participants points of view.

2. To facilitate, as required, the sharing of information, ideas and potential waysforward between each of the partidpants.

3. To encourage each party to listen to the others perspective/point of view, thusassisting with the development of trust, empathy, respect and understanding.

4. To agree a way forward including preparing for the joint mediation meeting

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An introduction to the second meeting mediation

Well done, you have taken a very positive step forward by agreeing to discuss your concerns and issues with the other party(ies) involved in this situation. The other party has agreed to do the same, and each of you has now made a clear commitment to resolve the current situation through mediation.

The second meeting is a chance for us to begin a process called indirect mediation. Indirect mediation is sometimes known as shuttle mediation or shuttle diplomacy. The indirect mediation stage is important for three key reasons:

1. It gets all of the issues out into the open.

2. It gives you a chance to communicate with theperson with whom you are in conflict/dispute.

3. It prepares everyone for direct mediation.

Indirect mediation provides a great opportunity for everyone involved in the situation to begin communicating in a positive way with each other. The mediation process will help us to identify areas of common ground and define areas, which are more complex and difficult. Indirect mediation also gives you and the other party a chance to step back from the situation and try to look at it objectively and from a new perspective. (This is often one of the most important aspects of mediation and through it we often see real transformations in attitude and behavior)

The role of the mediator during indirect mediation

The mediator has a central role during indirect mediation. The indirect mediation process consists of one or more series of separate meetings between the mediator and each individual party. At each meeting the mediator will listen carefully to what each party has to say and they will ask relevant and appropriate questions. This is known as active listening. The mediator will not judge what people are saying and it is important that you are open and honest throughout the process.

This process usually lasts for one or two meetings with each party. Throughout initial mediation, the mediator will share ideas, concerns, options and questions between the participants. This will be done in a non­blaming way, which encourages open and honest communication. If you have something you wish to say to the other party, discuss it with the mediator who can help you develop your message, which can then be shared.

Mediation: building bridges

During indirect mediation, you will often hear how the other party feels. At first it can be difficult listening to the other persons point of view (even when it comes from the mediator!) This is perfectly natural and please remember, it is hard for the other party as well. The mediator will attempt to remain impartial throughout and it is important that you listen carefully to what is being said. If you disagree or if you feel angry or upset by what you hear, tell the mediator­ don't bottle your feelings up as it could prevent mediation from working in the longer term.

Remember: Conflict is often very complex; it is inevitable that it will contain a lot of different points of view and perspectives. People's attitudes do differ and many people find it hard to agree on what really happened in the past and what they want for the future. This is why mediation is so important. It is why what you are doing now is the right way forward. The potential outcomes of indirect mediation

Outcome Action to be taken Comments

Further indirect mediation required

Organise further individual

This may be due to a complex range of issues or very strong emotions. Agreement must be sought.

Close case after agreement has been reached.

Close case with written agreement. The original grievance / complaint may be withdrawn

This is fairly uncommon but can happen when there have been misunderstandings which are resolved without the need for a direct mediation meeting. A memorandum of understanding will be drawn up and the case will be followed up after one month.

Proceed to direct mediation

Organise a direct mediation meeting between the participants

This is the most common result of indirect mediation.

Please note: Please remain vigilant in relation to confidentiality and do not discuss mediation with any other person. They may misunderstand what you are saying or they may not be familiar with the nature of the mediation process. They could inadvertently undo some of the good work that you have done so far.

Direct Mediation (Joint Meetings)

The joint meetings tend to happen throughout the afternoon of the mediation day.

The purpose of direct mediation is:

1. To establish a safe and structured environment where all participants involved inthe dispute/conflict can meet one another to discuss their concerns and issues.

2. To ensure equality in terms of space and time available for all participants to talk

and be heard.

3. To develop a series of potential options for future working under the agreed

terms of reference

4. To evaluate all available options and ultimately to arrive at realistic,

manageable and agreed outcomes.

5. To develop an action plan and memorandum of understanding for agreement

by all participants. 6. To consider longer term requirements and follow up arrangements

.

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An introduction to direct mediation Direct mediation is a carefully structured process and follows some simple but very effective guidelines. This is, by far, the most important stage of the mediation process. By entering into direct mediation, you are sending out a clear message that you are committed to finding a positive and realistic outcome to the current situation.

Don't be mistaken though, this form of mediation is not easy, it can be challenging, frustrating, complex and tiring. No one ever said mediation was the easy option! However, by meeting one another and talking honestly and openly about the situation, you are making a very real, and sustainable, contribution to the dispute resolution process. This process of direct communication is considered to be the most effective and worthwhile form of mediation available.

About direct mediation As you can see from figure 2, there is a lot to direct mediation. It is likely that we will need two, or in very complex cases, more meetings, to follow the process without people feeling rushed. Everyone works at their own pace and the mediator will recognise this.

Opening

Uninterrupted speaking time

Exchange

Practical Problem Solving

Reaching agreement

Action planning

Closure

Evaluation

Follow up/fine tuning

After we have agreed the ground rules, each party will have the opportunity to tell their side of the story. This is called the uninterrupted speaking time. It is worthwhile preparing for this as it is not always easy to say what you want to say when you feel a bit tense. Some notes or bullet points can be helpful. You can use as long as you need, however, five minutes tends to be the average. We then swap so that all participants are given the same opportunity to speak and listen.

The role of the mediator during direct mediation The mediator will act as a facilitator, they will listen carefully to what is being said, ensure that the ground rules are adhered to, ask open questions, summarise what has been said and generally try to lead the meeting forward positively whilst ensuring everyone's point of view is considered.

Remember these simple listening techniques which will help you during the joint meeting.

• Encourage the person whois speaking: lean forward,nod and appear attentive.Try to maintain eye contactand look interested

• Don't spend all your timethinking about what youwant to say in reply to whatyou hear, you are notlistening if you do this!

• Don't try to interrupt thespeaker, it will put them offand it means you are notlistening effectively.

Time outs or caucuses In some cases, the mediator may ask for the joint meeting to break into smaller one to one meetings. These are known in mediation terms as caucuses. They allow us to take a time out without interrupting the flow of the process. A caucus may be called when:

• A difficult issue arises which requires personal and private consideration. • We are experiencing difficult or challenging behaviors. • One or both parties requests some space and time to think and reflect.

• Please try not to interrupt whilst otherpeople are speaking. Listen to whatpeople are saying.

• Listen to what people are saying

• Respect other peoples points of view andtheir right to voice it

• Avoid shouting or abusive / threateningbehavior

The direct mediation process in detail The mediator will establish a number of ground rules at the beginning of the session. An example of the ground rules are:

The outcomes of direct mediation

There are no set formulae for how mediation should end. After all, every situation is different and what you need may be very different to what someone else may need. What is important is that both participants have been given the chance to start talking again and agreed what they want to happen for themselves. What happens after that could include:

• An action plan being put in place which will be monitored by both participants for aspecific period.

• Future mediation involving other people or a whole team conference if there isconflict within a team.

• An agreement or memorandum of understanding outlining how the participants willinteract in the future. ­ Consideration of training and development issues orsupervision and coaching needs.

Any outcomes will be put into writing for all participants to consider, keep and make use of. After an agreed period (usually one month) we will contact all participants to establish how the case has progressed.

Remember: Mediation will only be as effective as you want it to be. If you want to find a solution you will find it. The mediator will do everything they can to help everyone involved find a positive and constructive way forward. The rest, as they say, is up to you!

How long does mediation last? Mediation tends to last for one full day. However in more complex cases, or cases involving more than two parties, it may last for two or three days.

Do mediators tell people what to do? Mediators do not tell people what to do, they do not judge who is right or wrong nor do they impose a settlement or solution.

Is mediation confidential? Yes. We will not disclose anything that has been said during workplace mediation without both parties express permission. We ask all parties (and their representatives if present) to sign a confidentiality agreement at the first meeting. Of course, we provide a copy of the final agreement to the person who requested workplace mediation in order that they are able to continue to manage the situation. In some cases, where parties are happy for us to do so, we can provide feedback to managers or supervisors as appropriate.

Where does mediation happen? Mediation will happen in a neutral place. We do not mediate in people's offices and we ask for a room away from the main workplace where possible. The room needs to be quiet and pleasant. We also ask for two smaller rooms, one for each party, to use as a waiting area and for us to do small break out work if required.

Is mediation voluntary? Yes, we will check with you at the outset that you have entered into the process freely and voluntarily. We do not force, trick or coerce you to engage in mediation.

Can I have someone with me during mediation? Whilst we recognise that you may wish to have someone with you, the mediators will try to create an environment where you do not need to bring anyone else. If you do wish to bring someone with you, we ask that this is to the first pre­mediation meeting only and we ask that that person signs the confidentiality agreement. We do not encourage anyone other than the parties to be involved during the later stages of mediation.

What happens at the end of mediation? At the end of mediation, you will hopefully have reached a number of points of agreement. We will type these up and send them to you after mediation concludes. We offer ongoing support after mediation is concluded and if required undertake a formal evaluation after one month.

Workplace Mediation­ Some FAQ's

I thought mediation was about us meeting each other, why do we have to meet the mediator separately first? Having separate meetings with the mediator gives all parties the chance to talk about the conflict from their point of view. The mediator will listen to what all parties have to say and will explore how parties feel, what their concerns are and what there underlying needs are. The mediator, having listened to all sides will then propose an agenda for the joint meeting.

CONFIDENTIALITY AGREEMENT

Confidentiality is absolutely central to the success of the mediation process. As such, all participants involved in mediation are asked to sign this standard statement at the introductory meeting.

This is a voluntary agreement, the purpose of which is to ensure that all participants are able to participate fully, openly and honestly during the mediation process. Please bring this confidentiality document with you to the first meeting with the mediators.

I agree that:

1. Any information I give, or receive, during the mediation process will not be usedfor any purpose other than that for which it was intended i.e. resolving this conflict through mediation.

2. All information given, or received by me or, my representative, during themediation process is done so in the knowledge that it must remain confidentialbetween the participants involved in the mediation process and will not bedisclosed to anyone else.

What you can expect from East Midlands Councils

East Midlands Councils will be unable to give evidence at Employment Tribunal or other formal or informal hearing/investigation, or make a statement at any time in the future, relating to any issues arising from or during the mediation process.

That all notes taken by mediators with East Midlands Councils during the process act solely as aide memoirs for the mediators and may be destroyed at the end of the mediation process.

That any follow up meeting with the person who referred the case may include a broad outline of the case and feedback about the outcome. It will not include specific feedback about any issues raised and/or discussed during mediation.

Signed .

Print .

Date

Your Needs and Goals For Mediation

This confidential questionnaire has been designed by our experienced workplace mediators to provide you with an opportunity to consider your personal needs and goals for mediation. It is important to stress that these provide a starting point and we ask everyone involved in mediation to take account of other parties goals and needs as well as their own.

Your name.................................

1. Please outline those areas or issues, which you wish

to discuss during mediation.

2. What are your personal needs/goals that you would like to be met through mediation and why are these important to you?

3. Do you have any further comments or suggestions regarding the mediation process?

Please continue on a separate sheet if required.