Mediation Questions Answered

This page will provide you with useful information about employment mediation. We enjoy answering people's questions about mediation so please feel free to contact us with any of your own.

Do you have a question that is not answered here? Why not email us; we’ll respond with an answer as quickly as we can.

What is Mediation?

Mediation is a process of dispute resolution in which an impartial third party (the mediator) facilitates a series of private and joint meeting with the parties to identify a mutually acceptable and appropriate resolution. Mediation is a voluntary, non-binding process which addresses the underlying (root) causes of conflict or tension. Mediators create the conditions for dialogue using a non-adversarial, non-partisan approach. The final outcome of mediation is agreed by the parties, not the mediator.

How can I use mediation?

Mediation can be used by anyone who is experiencing a conflict or a dispute at work. If you wish to use mediation, it is generally advisable to speak with your manager or HR Officer who can make the necessary arrangements. Alternatively, please call the NATIONAL WORKPLACE MEDIATION HELPLINE 0800 294 97 87 to discuss your needs in absolute confidence.

How long does workplace mediation last?

Mediation tends to last for one full day. However in more complex cases, or cases involving more than two parties, it may last for up to two or three days.

Who are the mediators?

Each Total Conflict Management mediator is fully trained, certified and experienced. Each mediator works within TCM's exacting practice standards and the new European Standards for Mediators. All mediators are members of the Professional Mediators Association (PMA)

Do mediators tell people what to do?

No. Mediators do not tell parties what to do. Mediators do not judge who is right or wrong nor do they impose a settlement or solution. However, mediators may ask all parties challenging and difficult questions during mediation relating to the nature of the conflict, the impact of the conflict and the steps required to reach a resolution.

Can I have someone with me during workplace mediation?

Whilst we recognise that parties may wish to have someone with them, the mediators will create an environment where parties do not need to bring anyone else to support them. If parties do wish to bring someone with them, this is only possible during the first meeting with the mediators. TCM mediators do not encourage anyone other than the parties to be involved during the later stages of mediation.

Is workplace mediation voluntary?

Yes, we will check with you at the outset that you have entered into the process freely and voluntarily. We do not force, trick or coerce people to engage in workplace mediation.

Is workplace mediation confidential?

Yes. Parties are asked to sign a confidentiality agreement before mediation commences. TCM mediators do not disclose anything that has been said during mediation. If agreed by both parties, TCM mediators provide a copy of the final agreement to the person who requested mediation, to enable that person to continue to manage the situation. TCM mediators destroy all notes from the mediation at the end of the process. Other than a copy of the agreement, we do not keep any records of the mediation process. TCM mediators will not provide evidence at any subsequent internal processes or at Employment Tribunal (ET)

Where does mediation happen?

Mediation takes place in a neutral venue comprising of three rooms. Each party has their own private room for the entire day and there is a separate room for the joint meetings. For mediation work in and around London, we recommend the purpose built mediation facilities at the UK Mediation Academy. For mediation work outside London, we have access to a network of purpose built mediation suites across the UK.

Why does the mediator meet the parties separately?

Having separate meetings with the mediator gives all parties the chance to talk about the conflict from their point of view. The mediator listens to what all parties say and they explore how party's feel, what their concerns are and what their underlying needs are. The mediator, and the parties, explore the conflict from three perspectives: 1) the past, 2) the present and 3) the future. Having listened to all sides, the mediator will propose an agenda for the joint meeting.

What happens at the end of workplace mediation?

At the end of mediation, the parties will hopefully have reached a resolution to the dispute including a number of points of agreement. These will be typed up and given to the parties (usually on the same day). TCM offers ongoing support and the mediator will contact all parties at one, three, six and twelve months after mediation to 'check in' and evaluate progress. In some cases, we also offer further mediation meetings. We have a freephone number that all parties, their managers or HR Officers can call if help is required to maintain the agreement - 0800 294 97 87

Does mediation really work?

Yes - last year TCM's mediators achieved a resolution in over 90% of the cases referred to us. However, for mediation to work it requires a commitment from all parties. By entering into mediation with the right mindset - with a willingness to listen to each other; to be mutually respectful; to challenge and be challenged and to seek a new way of working together - there is every chance that mediation will work.

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