Mediation is a confidential process in which a neutral, non-judgmental third party brings the parties in conflict together in a safe environment to facilitate open and honest dialogue as a first step toward finding mutually agreed-upon solutions.
This approach operates outside of any formal dispute or resolution procedures and is entered into voluntarily by both parties. It is best attempted before the situation escalates into a formal dispute. Exploring mediation options usually starts with informal discussions with People Function advisers or with one of the university's accredited mediators.
All accredited mediators hold the industry-standard National Certificate in Workplace Mediation and participate in regular quality assurance activities. All university employees may choose to use Mediation.
If you would like to set up a mediation or to find out more about the mediation process, please email us.
| Roles | Responsibilities |
|---|---|
| The Mediator | Supports participants to reach a resolution and to remain impartial |
| Participants | Enters positively into the process |
| Manager | Promotes mediation as a way of resolving disputes, as and when applicable |
| People Function | Advises on the procedure and offers support as relevant |
| All of the above | Maintains confidentiality |
No. Mediation is entirely voluntary and needs the agreement of both/all parties. If you agree to take part, you are also free to leave or withdraw at any time. This allows you and the other party(ies) to drive the process yourselves and come to your own agreement rather than having an outcome imposed upon you. It is hoped that this will make you all feel more committed to what you agree on.
Although Mediation is an informal alternative to formal procedures, you retain the right to use the university’s formal procedures should you choose to do so.
The mediation process is entirely confidential. Any notes or records made by the mediator during the process will be destroyed after the process concludes.
The mediator will not divulge any confidences that are shared unless permitted to do so.
The one exception to this is where the mediator reasonably considers that the safety of any person is or may be at serious risk. Should this happen, the mediation process will be stopped, and Mediators will alert the People Function.
No. Mediation is ‘without prejudice’, and if you agree to try mediation, you reserve your right to pursue formal procedures.
Should you feel uncomfortable or unhappy with any aspect of the mediation process itself, you should raise this with the mediator. If your concerns cannot be resolved, the mediation will have to be abandoned.
Since the mediation process is confidential, it would not be appropriate for you to raise a formal complaint in relation to the mediation itself, as there can be no meaningful investigation.
You will also be given the opportunity to complete an anonymous mediation evaluation form at the end of the process to provide feedback on what we are doing well and where we need to improve. It also lets us know how you are getting on after mediation and your views on the mediation process as a whole. Your response will be treated confidentially.
Once both/all parties have agreed to take part, the appointed mediator will contact you both/all and arrange a date to meet.
The mediator will initially meet with each of you separately to learn more about the situation from your perspectives before bringing you together in a joint meeting. At the joint meeting, your mediator will encourage all those present to participate.
They will work with you to ensure you each have the same opportunity to express your feelings and concerns, to look at the problems in turn, and to move towards a mutual solution. Your mediator will support and encourage you to generate ideas for this solution, but will not tell you what you should do.
You can request mediation at any time, and before, during or after any formal proceedings, as long as you genuinely want to see an end to the dispute.
The mediator arranges mediation at a neutral location convenient to both/all parties.
During the final stage of the mediation, you will be encouraged to agree on a way forward and formulate a plan of action. If agreement is reached, the mediator will write it down and have it signed by all members of staff.
One copy will be given to each party, and the mediator will retain one.
This will be a written record of what is agreed. Any agreement reached is not legally binding but is covered by the confidentiality of the mediation.
There can only be a mediated agreement when all parties agree. If you feel you are being asked to agree to something which you are not genuinely in favour of, you should speak to the mediator to explain your objections.
You and the other party/ies are responsible for defining the problem, deciding the content and terms of the agreement. No agreement can be imposed through mediation.
Parties who agree to take part in mediation do so on the understanding that they intend to keep to any agreement reached.
Whilst the agreement is not legally binding, it is hoped that individuals will follow the agreement.
Mediation has a high success rate, but, of course, there can be no guaranteed outcome.
The mediator is there to help, but it is up to the parties involved to reach their own agreement.
Your Mediators will take this into account and will not make you meet with the other party if you do not agree.
However, for mediation to stand a chance of success, all parties will eventually have to meet around the table.
In preparing for any mediation meeting, it may be helpful to think about how you can clearly describe the situation or issues that have brought you to mediation in the first place.
In this way, the other party/ies can better understand your point of view. Think about what is important to you, what you need from the other party and from your perspective, what you believe is the best possible outcome.
Only if you and the other party agree for this information to be shared.
Your mediator will not disclose anything beyond a statement that an agreement has or has not been reached unless both/all parties explicitly agree for them to do something different.
Arbitration involves an impartial outsider making a firm decision on a dispute, based on the evidence presented by the parties. In arbitration, both parties must agree in advance to abide by the arbitrator's decision.
In contrast, a mediator assists the parties in reaching a solution acceptable to both of them without imposing a decision. A mediator will not make judgments or determine outcomes. They ask questions that help uncover underlying problems, assist the parties in understanding the issues, and clarify the options for resolving their conflict.