Mediation in the Workplace
Workplace Mediation is now officially recognised and encouraged by the Department for Business, Innovation and Skills, and ACAS. The Employment Act, 2008 introduces the ACAS Code of Practice Disciplinary and Grievance Procedures and these new provisions include a revised definition of what is fair and reasonable when tackling problems at work. Employers and employees are advised to keep an open mind and consider work mediation.

How does Mediation it work?
Mediation gives the parties the space and freedom to explore the issues surrounding a dispute and with the skills of a neutral (the mediator) find a mutual solution which "sticks" because it is agreed by both disputants.

Why does it work?
Mediation gives the employers and employees a safe and confidential environment to explore all the issues, to feel free to express frustrations and other emotions, to explore the commercial and the legal aspects in a "without prejudice" environment. Through the mediator, the parties "can have their day in Court" and come to a mutual solution that works for everyone - rather than an imposed settlement by a third party.

What is the role of the Mediator?
The Mediator is neutral; they are not there to give advice, to judge anyone or to provide a solution. Their job is to allow the parties to express their needs in a safe and confidential environment, using techniques to probe, question and help develop the mutual solution. Acting as a trusted neutral, they can assist in the negotiation process and help decrease emotion and help business relationships continue where required.

Is it confidential?
A successful and skilled mediator has to maintain the confidentiality and trust of all parties involved. They are careful to ensure that private meetings remain private and any communication between the parties via the mediator is agreed. A good mediator will not be drawn to reveal confidences, however much they feel it would aid a settlement. The mediation process is always "without prejudice" as far as the law allows.

What happens in a Mediation meeting?
Both parties need to agree that mediation will be a useful tool to explore and resolve the dispute; a written agreement is entered into with the mediator to maintain confidentiality and the safe environment. The decision makers of the parties (and their advisors if requested) attend the mediation. Opening statements are provided and the mediator sets to work exploring, probing and aiding the negotiation process until a mutually satisfactory settlement is reached. This is normally done in a series of private meetings with the parties, occasionally bringing parties together in joint meetings if appropriate. The parties then agree a written settlement which can be drafted on the day or finalised post mediation.

If you would like more information on Mediation Recruitment 2000 can recommend qualified experienced Mediators to you.