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Mediation at the University of Exeter
What is mediation?
Mediation is a process where a neutral person (the mediator) works with members of staff who have a disagreement to help them to find their own solution and reach an agreement that will sort out their problem or improve the situation.
Mediation
- is voluntary (you only take part if you want to)
- is confidential (nothing you tell us will be passed on to anyone else unless you want it to be)
- is impartial (the mediator won't take sides or judge who is right or wrong)
- works towards an agreed solution which is “owned” by the parties to the disagreement
- is most effective at the early stages of conflict
- aims to maintain the employment relationship.
How does mediation fit in with other University procedures?
It is the expectation of the University that staff will be able to resolve disputes informally, through dialogue and communication with their managers and their colleagues. The staff grievance procedures and the Policy on Dignity at Work and Study encourage staff to resolve disputes informally before resorting to the application of formal procedures.
Mediation offers an alternative to pursuing complaints and disagreements between colleagues through the staff grievance procedure or the Policy on Dignity at Work and Study. It can be a more effective way to resolve disagreements informally before a more formal procedure is invoked. If you agree to take part in mediation, this does not prevent you from pursuing your grievance or complaint through a formal procedure in the event that mediation does not resolve the issue.
Mediation relies upon the cooperation of all parties – ie both the person making the complaint (or the one who feels aggrieved) and the person whose behaviour or conduct concerns them. If the person who is the subject of the complaint refuses to take part in mediation then mediation cannot take place. In such circumstances, the person making the complaint can choose to pursue their concerns through the formal grievance procedure.
Why should I choose mediation?
- Conflict with your colleagues can undermine your effectiveness at work and lead to stress: mediation can help you resolve your disagreement so you can get on with 'normal' life again.
- When you are involved in a conflict, talking to the person you are in disagreement with can seem impossible: mediation can re-establish those channels of communication.
- Any agreement is on terms agreed by you, not dictated by someone else; it leaves you in control of what is finally agreed.
- Mediation is less stressful than more formal procedures - although we appreciate that taking part in mediation will still place demands upon you.
Who is the mediator and what do they do?
If you agree to take part in mediation, Human Resources will nominate a mediator. The mediator will usually be a trained HR professional within Human Resources who does not normally support your College or Service and will have had no previous involvement with the issues which are concerning you. The parties to the mediation will not be able to choose a mediator or challenge the nominated mediator.
The mediator will decide the best way to carry out the mediation. They will usually start by talking to each of the people involved in the dispute or disagreement separately and then, later on, talk with you all together.
If you find it helpful, the mediator may make suggestions or give you information about how other people have sorted out similar situations but they cannot tell you what you should do.
Both sides can talk to the mediator openly because the mediator will not pass on anything said without the agreement of the person who said it.
Those involved in the mediation will be given a written copy of anything that is agreed.
What kinds of disagreement are suitable for mediation?
Most kinds of dispute can be mediated provided that those involved want to find a way forward. Mediation is especially suitable when the aim is to maintain the employment relationship. It can be used at any stage in a dispute but is often most effective if used early on.
Mediation will not be appropriate in every situation – for example where there is a disagreement about whether an employee is entitled to a particular benefit under the terms and conditions of employment or where your complaint is an allegation of serious bullying or harassment which could lead to serious disciplinary action.
Mediation may not be suitable if you want to enforce a legal right or want someone to decide the 'rights and wrongs' of an issue for you.
Do I have to agree to mediation?
No. Mediation is entirely voluntary.
You can ask to consider mediation before committing yourself to taking part in a mediation process. Similarly, you may be asked to consider mediation after you have made a formal complaint or grievance as an alternative to following the formal procedure. You will have the opportunity to meet the mediator and ask questions about the mediation process without any obligation on your part to take part in mediation. If, following this discussion, you decide not to take part in mediation, you will still be able to pursue your concerns through the formal procedure.
What if I don't want to be in the same room as the person I am having the disagreement or dispute with?
The mediator will take this into account and will not make you meet with the person if you do not agree. The mediator will agree some rules with both sides about how everyone will behave in any joint meeting. You can ask that a joint meeting be suspended at any time.
Can I bring a representative to the mediation?
Mediation is often most successful when those actually in conflict work directly with the mediator to resolve it – particularly when you need to work together in the future. Experience of mediation in other organisations shows that you are the best person to explain how you feel. An open and frank discussion of the issues, which is controlled by the mediator to ensure fairness and appropriate behaviour, can be key to sorting out conflict. Consequently, we believe that in most cases mediation will be most effective if only the parties to the disagreement are involved with the mediator. There may, however, be good reasons why you feel you need to bring a representative to the mediation and you should discuss this with the mediator when you first meet. It is important that all those involved in the mediation know in advance who will be attending and what their role will be.
Can I be made to keep to an agreement reached in mediation?
You will not be forced into making an agreement against your wishes so you must be committed to sticking to what is finally agreed. You and the person you are in dispute with will both be asked to agree to stick to what is finally agreed otherwise there is no point in going ahead.
Agreements reached in mediation are not normally legally binding. (It is possible for both sides specifically ask for this and you will be given the opportunity to take legal advice before a legally binding agreement is made.)
In some circumstances, for example where a change in working arrangements is proposed, the outcome agreed by the parties to the disagreement may need to be approved by managers in your College/Service. It is important that any suggestions made by the parties are “realistic” and acceptable to managers and colleagues in your work area.
What happens if we can't reach agreement?
If agreement cannot be reached, you can still use the University’s staff grievance procedures - but you cannot bring up what has been said in mediation.
Where will the mediation be held?
Mediation meetings will be held on University premises, but away from your normal work area.
What do I need to do before the mediation?
You will be given more information about this when the mediation is arranged. Sometimes you and the person you have the disagreement with will each be asked to write down:
- what the problem is that you want the mediator to help with and
- a short list of the main things that have happened.
This is to help the mediator understand what the issue is and to save time during the mediation discussions.
What if anyone involved has any particular requirements/needs?
If anyone has particular requirements like wheelchair access, or an interpreter or has mobility problems for example, they should tell the mediator as soon as possible so that arrangements can be made.
If you feel that you need a short break during the mediation discussions (eg to calm down or collect yourself), just ask the mediator.
What exactly happens in mediation?
The mediation process will be flexible to the circumstances. No one mediation will be identical to any other. Each mediation will, however, contain the following key elements:
- the mediator will hold separate meetings with the parties to introduce him/herself, explain the process and key principles, to listen to their concerns to identify the core issues, to begin to explore possible outcomes and to explain the next steps.
- face-to-face mediation (identifying areas of agreement and disagreement and moving towards building a practical and workable agreement, focussing on future working relationships).
- recording the agreement in clear, balanced and positive language. Both parties will be asked to sign this and will be able to retain a copy.
For more information about mediation, please contact the HR Business Partner for your College or Service.
