Frequently asked questions about workplace mediation

The following are some questions that often arise when considering mediation for workplace conflict. To find out more about mediation training on any of our public courses, or in-house mediation training, then please contact us.

Can disputing parties be obliged to take part in mediation?
No. Mediation is voluntary. The parties need to know that they are free to leave or withdraw at any time. This allows them to drive the process themselves, rather than feeling that they are being driven towards some imposed outcome or understanding. Due to this factor, the parties will consequently feel more committed to their outcomes and agreement.

By taking part in mediation will I give up my right to invoke other measures?
No. Mediation is 'without prejudice', and parties who elect to try mediation reserve their right to use other measures. Courts and tribunals take the view that 'One party can disclose the content of earlier negotiations and/or mediations only with the express permission of the other'. Mediators cannot be called as witnesses in any subsequent proceeding, whether internal (grievance, disciplinary) or external (Industrial Tribunals).

Just how confidential is mediation?
Very. The process of mediation must be seen by the disputing parties to be entirely confidential, both within the mediation itself, and with respect to further proceedings. The mediator will not divulge any confidences that are shared unless given permission to do so, and no notes or records of the mediation will be kept.

But what if the parties do not have the authority to settle the dispute?
Then we would need to involve the people who do. The mediator(s) and the referring organisation must ensure that the correct parties, i.e. those who are empowered to make the agreed changes, are involved from the outset. If this turns out not to be the case, then the people who do hold the requisite authority may need to become involved.

What if the parties don't like the mediated agreement?
Then it is an agreement that will not 'stick', and will therefore not provide a resolution. The content and terms of the agreement are entirely a matter for the disputing parties themselves to agree. They are themselves responsible for defining the problem and setting the agenda, although no agreement can be imposed through mediation.