Workplace Mediation: what does it involve?

Workplace mediation is where the mediator mediates between employer and employee, normally with the aim of resolving an internal dispute or disagreement with the hope of continuing the employment relationship.

What does it involve?

The mediator is instructed by the employer but does not act in the interests of either employer or employee – only in the interests of facilitating an open and successful mediation.  Normally, the structure of a mediation is as follows:-

  • The mediator will have a private meeting with each of the parties involved. This is often on the same day as the joint meeting between all parties.
  • The mediator then meets with all the parties (there are normally two, someone from the employer and someone from the employee) in an attempt to facilitate an agreement between the parties so that both parties can move forward with an action plan.

Following the mediation the mediator will draw up the agreement in writing which is not legally binding but instead made in good faith with the support of both parties.

Main concepts of workplace mediation

  • The mediator is independent and unbiased: although the mediator will ask probing questions it will ask them of both parties and treat them the same.
  • All conversations with the mediator are confidential unless you agree otherwise.   This allows both parties to speak freely with the mediator to facilitate an agreement.
  • Mediators do not decide the outcome – the parties decide their outcome.
  • Mediation is not compulsory or legally binding.

Linda Wilson, Head of our Employment Department, is an accredited workplace mediator. For more information on how she may be able to assist you, please contact Linda on 01730 268211 or at linda.Wilson@macdonaldoates.co.uk.

A few testimonials for Linda from previous clients can be found below:

“Linda Wilson was excellent.”

“..you understand the business need!”

“…Linda has an extremely nice manner and the ability to understand my requirements very quickly, providing a first class service, one I would not hesitate to recommend”.

“…. It’s wonderful to work with a partner who is highly knowledgeable, …and most importantly down to earth.”