Mediation usually takes as little as one day in total. You should allow at least two hours per person for the preliminary individual meetings, and about half a day for the joint meeting – although this may vary, depending on the complexity of the dispute. To get the most out of mediation, it is best to undertake the individual and joint meetings on separate days.

 

The vast majority of conflicts lend themselves to mediation, although it is been proven to be particularly effective in disputes where working relationships have been affected.

 

As a general guideline, you should not use mediation where a judgement of right or wrong is essential – such as in a case of gross misconduct or dispute over employment terms and conditions. Talk to us if you need advice.

 

Before mediation takes place, the mediator makes sure that all parties are committed to resolving the issue. In the rare event that agreement cannot be reached, you can still refer parties to their formal workplace procedures. In these cases the mediation process still remains confidential.

 

Professional mediators have the skills and expertise to control the process, and they will agree ground rules for all parties to adhere to. It is essential that mediation is conducted in a safe, relaxed environment so parties can speak honestly and openly.

 

The impartiality of a third-party mediator is essential to win the trust of all parties involved, and it is this trust that allows the mediator to guide the parties effectively towards a resolution. HR professionals often have the right skills, but any conflict of interests or loss of neutrality can damage the process – or any future grievance procedure. Similarly, using someone without the proper mediation qualifications and experience can only serve to make matters worse.

 

It’s not as straightforward, but you can use mediation in a dispute that involves more than two parties. In these cases, a mediator can also lead a team discussion in which many of the same basic principles apply.