Stirling Council’s Workplace Mediation Service
Some Frequently Asked Questions
What is mediation?
Mediation is a process by which impartial, trained people from across the Council assist 2 or more colleagues resolve a disagreement /conflict. They do so in an informal but supported and structured way that aims to help these colleagues work out, for themselves, an agreement/solution that is satisfactory to both/all parties. The focus is on future behaviour.
When is it used?
Mediation tends to works most effectively if it’s used as early as possible in the dispute/disagreement. However it can also be effective in resolving longer term disputes.
What do Mediators do?
Stirling Council Mediators help colleagues to listen to, understand and identify issues that are important to resolve any conflict and reach agreement on the way forward. They are neutral and have no stake in the outcome. They don’t make decisions for the parties or decide who’s right or wrong.
What’s good about mediation?
- It can provide an opportunity to sort out problems without using formal procedures which can take time
- It leaves you in control of what is finally agreed rather than having someone else decide for you
- It can be used to resolve disputes between people regardless of their status levels
How do I request mediation?
Contact the workplace mediation service on 01786 443161 or 442556 or email . A senior mediator will have an initial discussion with you to find out whether mediation might be suitable. If it’s agreed it might be, the senior mediator will arrange for you and the other party(ies) to be contacted by one of the Council’s trained mediators. If mediation isn’t considered suitable or the other party is unwilling to participate, the senior mediator will outline other avenues to consider.
Do I need to speak to my manager if I have an issue or wish to request mediation?
There is no need to speak to your manager although you may choose to do so in the first instance to try and resolve any workplace issues. However, it is certainly not essential before you can request mediation.
I’ve already submitted a grievance – can I also take part in mediation?
Mediation can’t progress if an issue is raised formally – this includes, for example, a formal letter being submitted or formal procedures eg a grievance.
Do I have to participate in mediation?
No. Mediation is entirely voluntary and needs the agreement of the relevant parties. Although it is an informal alternative to any formal procedures, you retain the right to raise a grievance without recourse to mediation if you choose to do so.
What can I expect to happen in mediation?
Once everyone concerned has agreed to take part, a date will be arranged to suit all those involved.
Your Mediators will initially speak to each party separately to find out more details about the situation from each perspective before bringing all the parties together.
At a face to face meeting your Mediators will encourage participation from all parties. They will work with you to enable each party to have the same opportunity to express feelings and concerns, look at problems in turn and move towards a mutual solution of the problem or issue. Your Mediators will support and encourage you to generate ideas for this solution but will not tell you what you should do.
What if I’m not ready to be in the same room as the person I am having the disagreement or dispute with?
Your Mediators will not make you meet with the other party if you do not agree. However, for mediation to stand a chance of success all parties will have to meet around the table.
Shuttle mediation is not offered as part of the Councils’ workplace mediation service.
What’s my role in mediation?
Mediation is only as successful as you make it. Your responsibilities are to:
- Decide what the issues are for you in the dispute
- Come with an open mind
- Listen respectfully to others’ points of view
- Look for solutions
- Work with the other parties to determine which solution is mutually best
Can I be made to keep an agreement reached in mediation?
Colleagues who take part in mediation do so on the understanding that they all intend to keep to any agreement reached – otherwise there is little point in going ahead. If and when agreement is achieved it is not legally binding, however, it is hoped that individuals will follow the agreement.
Can I bring anyone with me to the mediation meetings?
Normally only the mediators and the individuals directly involved will attend the meeting. However you can request to be accompanied by a colleague. Your colleague can provide you with support but they cannot contribute to the discussion.
All the relevant parties involved in the mediation must agree to this in advance.
Is mediation confidential?
What is discussed in mediation is usually done so in confidence and will not be shared with others. The one exception to this is if you/the other party (ies) reveal/talk about something that is criminal or likely to cause yourself, someone else or the organisation serious harm (this is known as ‘duty of care’.) Should this happen your meeting will be stopped and Mediators will alert the appropriate Council Officer.
Will any information be disclosed to my manager?
Your Mediators keep no notes or any specific information on what has taken place during your mediation meetings. Any feedback about the outcome to the relevant manager (s) will be a matter for the parties who will also have to agree on the detail of feedback that is to be given to any manager.
Am I allowed time off to attend mediation meetings?
If you require time off during work to attend a mediation meeting, this should be agreed with your line manager.
What do I need to do before the mediation begins?
In preparing for any mediation meeting it may be helpful to think about how you can clearly describe the situation/issue that has brought you to mediation in the first place. In this way the other party (ies) involved can understand your view. What’s important to you? From your perspective what do you believe is the best possible outcome?
What happens after the face-to-face meeting?
This will depend to a large extent, on what you agreed in the mediation meeting itself. It is possible for a further meeting to be arranged in certain circumstances. It is hoped that at the end of your meeting all parties take forward what they agreed.
Where can I find out more?
To find out more about mediation have a look on the Source or contact the Workplace mediation service on 01786 443161 or 442556 or email .
Question and Answer Leaflet 28 October 2018