Frequently Asked Questions
Below are the answers to some common questions about mediation. If your question isn't answered, please email us!
- Do I have to go to mediation?
No. Mediation is a totally voluntary process even if you are told otherwise. It relies on the participants to work towards a resolution of the issues in the conflict. If you are not willing to do this it is unlikely that you will reach an agreement or that any agreement will be sustainable. However, if you agree to mediation, the chances are that you will find any agreement more to your liking than other forms of dispute resolution because you will have had a significant input into the process of agreeing the outcomes. It must however be stated that mediation does not always resolve a dispute.
Out of Conflict has helped parties achieve full resolution of issues in 85% of cases.
- So what if I decide not to have mediation?
The situation you are in remains unchanged. You may seek other ways of resolving the dispute such as arbitration, unions, tribunals and the courts. In these alternatives the solution may well be imposed on you regardless of what you think or have contributed to the process. You will be in what is called a ‘win-lose’ situation, rather than a ‘win-win’ outcome of mediation.
- Is mediation a climb-down?
Not at all. It requires (more) courage to be actively involved and take ownership of the process and outcomes than it does to let a third party handle it for you. Management and colleagues should be respectful of this. Equally, if all or some aspects of the dispute remain unresolved after the mediation, you should be in no worse a position than before the mediation started. The contents of the discussions should not be given to anyone to be used in other attempts to resolve matters — in other words the process is privileged. You are entitled to mention the fact that you have tried mediation, that matters were not resolved and that you were willing to try alternatives to adversarial methods of dispute resolution.
- Do I have to meet the other party face to face?
Only if you agree, and they do. If not, a ‘shuttle’ mediation can take place where the mediator(s) convey messages between the parties. In practice there may be limits as to how long this process can support the mediation but it is perfectly possible to obtain outcomes that are agreeable to those concerned.
Separate meetings with each party usually precede joint meetings.
Mediation has ground rules which are designed to ensure a safe and non-intimidating environment for joint meetings and whilst the atmosphere of joint meetings may well be tense (at least to start with), the outcomes of joint meetings are usually positive. This is especially important where you and the other party have to engage with each other regularly in the workplace.
- Can I bring another person along to support me?
This is a popular question and an understandable one. Hopefully, as a result partly of the answer to the previous question and of the separate meeting with each party, you will build up enough confidence in the process for you to feel safe without having a supporter. However, a supporter may attend; this ‘other person’ may not necessarily be allowed to contribute on your behalf — mediation is in this way unlike formal hearings, and encourages you to be in control of the process.
Even union reps may be colleagues, often of both parties to a dispute, and their presence may compromise themselves or either party. If there are several people on each side of a dispute it may be reasonable to have more than one representative from each party but not at the expense of power balances. When several people are present in this context, each may contribute to the mediation.
- How long does the process take?
Each case is different, so it is difficult to predict. Initial meetings with each party usually take at least an hour but prolonged separate party meetings can be counter-productive. This is part of a mediator’s skill in agreeing when to stop or to take a break. Joint meetings likewise. Sometimes what looks like a protracted dispute may be resolved relatively quickly, and other cases may reveal more than was apparent at first sight and take longer than expected to reach an outcome. The mediator will discuss the nature of the sessions with you and hopefully your employer (in a workplace context) will agree to allow whatever time the process takes. Fast-track mediation aims to complete during one working day.
- Where does the mediation take place?
In a room or rooms agreeable to the parties. This is usually at a quiet, neutral venue. This will be agreed with parties at the appropriate time. It is usual to provide light refreshments. The cost for the use of the venue, if there is a charge, will be borne by your employer or the sponsor for the mediation. The setting is usually fairly informal. Even for joint meetings, it is useful to have a second room or quiet area available.
- Is an agreement enforceable in law?
Not usually. Agreements are a matter for the parties and the mediators. The contents of an agreement are confidential and unless it is essential to the success of an agreement, the employer or referring agencies will not be party to the details, and only so if parties to the agreement agree to details being disclosed. Mediation is a voluntary process and the outcomes rely on the goodwill of those involved to sustain them.
However, some agreements, such as Disability Rights cases, may be legally binding.
- What happens if the agreement reached breaks down?
You may request further mediation or pursue other means of resolving the outstanding issues.