Question 1: How will the service be managed and coordinated?
The service will be coordinated by a Mediation Coordinator who will be a HR Adviser.
The role of the coordinator is to liaise with the parties or referring manager about the process, encourage the use of mediation, schedule appropriate timings and follow up the feedback.
Question 2: How will cases be allocated?
The mediation service may be contacted in a variety of ways. There is a mediation e-mail address, telephone contact via the HR Department, information is available on the Staff Information Point and information leaflets readily available.
Appointing the mediators
The Mediation Co-ordinator will assign cases by a mixture of availability, geographical location, and mediator “fit” (in terms of experience, personality types, issues involved and cultural identity). All our mediators are trained to a high skill level.
In some cases it may be appropriate to refer cases to YSJ’s partner organisations, York Hospital and York University for an external mediator to take forward the case.
Appropriateness of mediation
You can have a dialogue about anything in mediation, but resolution is not always possible, or appropriate in every situation. If mediation is to be effective, parties at a minimum must have the ability to negotiate for themselves, to assess the information relevant to the case, and to understand the implications of the various agreements being considered. The issues need to be within their remit. Furthermore, the mediation process should address a potential imbalance of power that might exist between the parties.
Question 3: What are the guidelines for confidentiality?
Storage of documents
Case notes should be minimal, mediation is about finding a needs-based understanding between the parties, not creating an accurate record of interview, any notes taken by mediators should be to service as a memory aid only. Mediator’s case notes should be destroyed within two weeks of the case finishing. Anything kept on a computer relating to cases would be stored in accordance with the Data Protection Act.
Confidentiality
Mediators are clear that they are expected and required to keep the details of referring managers and information gathered during mediations in strictest confidence. Mediators are encouraged to discuss any problems or issues arising in a mediation with their mediator colleagues within the mediation service in seeking support or guidance and regular networking support days take place for best practice discussions to take place and to share experiences and learning points between mediators in confidence.
Question 4: What do we need to know about Equality and Diversity in mediation?
Equality and Diversity
Anyone involved in the mediation process are expected to:
- Ensure that they consider the principles of equality and diversity at every stage of the mediation process
- Check if anyone who may be involved in the mediation has any particular needs for arrangements or adjustments to be made (e.g. specific times to avoid for meetings, interpreters/signers or accessible mediation rooms)
- Be aware of their own personal diversity and power dynamics vis-à-vis parties
- Conduct sessions in a way that is inclusive and non-discriminatory
- Use language that is clear and accessible
- Take into account any power dynamics during the mediation
- Challenge anti-discriminatory behaviour and practice in a constructive and appropriate way
- Specifically address issues of power, oppression and discrimination in order to encourage differences to be understood, respected and managed effectively
- Accept constructive feedback about issues of equality and diversity.
Question 5: Scheduling – how long does a mediation take?
Generally, we propose the following mediation schedule for a two-party dispute:
Morning – individual meetings
Meeting with Party A
Meeting with Party B
Afternoon
Joint meeting:all parties involved.
In cases where the dispute in more entrenched, issues are more sensitive, or parties are returning to work from a period of absence, then we advise amending the schedule to ensure that an appropriate amount of time is allocated to the parties’ discussions.
Question 6: What sort of agreements emerge from mediation and do we record them?
It is the mediator’s responsibility to conduct the mediation process, not to promote any particular substantive outcome. Frequently, the solution that the mediator believes best meets the interests of the parties is not the one that parties select. The mediator’s role is to conduct a fair process, not to promote a particular outcome. The mediator should try to ensure that the agreement, whether partial or full, reflects a fair and principled negotiation effort.
A template is available to record any agreement following mediation which all parties may agree to complete and sign up to.
Question 7: How should the service be monitored?
HR maintain a database to monitor case load. The following is monitored:
- The number of cases referred to the service
- The number of cases which go through to the 1-1 meetings
- The number of cases that go through to the joint session
- Timescales and appropriate SLAs (i.e. from enquiry to completion)
- Feedback
Question 8: What feedback will we get from mediation?
Information gathered from the party’s feedback forms is shared with the mediator who conducted the case; they should also be kept informed about any ongoing monitoring of the situation with the parties or the referring manager.
Question 9.Why has the service been set up?
The mediation service has been set up in response to both ACAS guidelines and as a means of supporting positive working relationships across the university. It is very much the hope that when conflicts arise in the workplace these are dealt with as informally and as quickly as possible without individual’s having to resort to more formal methods. Mediation is very much in line with the university’s desire to use informal resolution as a means of resolving disputes.
Question 10.Are the mediators trained?
All mediators have received their training through CMP Resolutions, a leading reputable organisation. Their qualification is accredited by the ILM (Institute of leadership and Management). We believe that it is important for there to be a high level of expertise and knowledge to be effective as a mediator and the team are provided with regular support days.
Question 11.Can I have a union representative or friend present at the mediation?
It would not be normal practice for a TU rep to be present at the mediation meeting although agreement may be reached for them to attend during the 1-1 meetings. It is hoped that the mediator will then build sufficient rapport with the parties to ensure that they feel the level of support they currently have from their representative is provided by the mediator during the joint session. Representative would be informed that they can only attend as a support to the individual and cannot respond or speak on behalf of the party. They cannot take notes and must also sign up to the confidentiality of the mediation. All parties must be equally considered and so must be informed if another party is attending with a rep. The mediators will need to schedule in additional time to liaise with the parties before and after the 1-1 meetings in order to encourage attendance at the joint meeting without their rep present.
Question 12.What happens if there is no agreement at the end of a mediation?
Mediation is not suitable for every case, but it can still help to settle some of the issues in a dispute. Using mediation does not take away your right to follow an alternative process, however all discussions during the mediation process are 'without prejudice' - in other words, anything said in the mediation cannot be used later in subsequent formal action.
Question 13.Who decides the outcome of the mediation?
The mediator does not decide the outcome - the decision making is left entirely to the parties themselves. The mediator's role is to help the parties come to a resolution that they are all happy with.
Question 14.Will I have to do anything I do not want to do?
No, the process of mediation is totally voluntary.
Question 15.Will the mediator offer legal advice?
No, if you feel you may need legal advice you should make your own arrangements beforehand. The mediator is an independent third party and must remain impartial and neutral, and whilst you may have candid discussions with the mediator, no advice will be given.