MEDIATION


• Mediation is a voluntary process agreed by the parties in dispute who use facilitation by a third party, a qualified independent Mediator, to agree a resolution of their differences. The process is without prejudice to legal rights, therefore if the attempted mediation is unsuccessful the parties are free to pursue their legal remedies. The parties are able to reach agreement between themselves on a voluntary basis without being forced or having a decision imposed on them. They therefore retain full control and ownership of the mediation process and the ultimately binding agreement.
• The Mediator assists the parties by effective communication, which starts before the mediation day itself, to build confidence and by facilitating the parties to find their own resolution of their dispute. Once agreement is reached, a written mediation agreement is signed by both parties and recorded as binding. Mediation can also be effective in the workplace at an early stage before any internal or external action is initiated, whilst the employment relationship is still current but litigation is being considered or actively pursued. A typical mediation will involve initial discussions separately with the Mediator, a written mediation agreement, attendance usually for one day when both parties attend (sometimes accompanied) with the Mediator.
• Protracted internal disputes and litigation are damaging, expensive, may lead to a financial payment to one party, very significant legal costs and often ‘no winners’. Mediation offers a range of outcomes, is confidential, very much cheaper and less damaging than the alternatives.
• Alternatives such as arbitration can be effective but are generally only pursued in high value commercial claims, often once litigation has already commenced and always uses lawyers and incur very significant cost. In arbitrations involving employment disputes, arbitration is often chosen to ensure strict confidentiality, not available in the open courts. It is however the Arbitrator that decides the resolution rather than the parties themselves.
• Mediation can also be very beneficial at an early stage when the relationship is still ongoing and can still be salvaged. One significant factor that leads to such a high level of success in mediation is that the parties willingly agree to enter into the process and retain ownership and responsibility of any resolution reached which will have been achieved by the parties with the facilitation of the Mediator.
• Having discussed with the parties the possibility, the Mediator can then be commissioned and will contact both parties for initial discussions with a view to securing their agreement, in writing, to a mediation process to try and resolve the dispute. The mediation can be arranged at very short notice as it requires minimal work beforehand and usually concludes with a resolution at the end of what is often a long, but very successful day.


Mediation is…
• Impartial
• Confidential
• Non-judgemental
• Completely voluntary - you can drop out of at any point


We will help you to…
• Work out what you want to happen
• Find your own solutions to the situation
• Prepare what you want to say
• Get your point across in a constructive way
• Be listened to without interruption
• Put together an agreement of what you want to change


We will not…
• Tell you what to do
• Take sides
• Judge you
• Force you to do anything