What is Mediation?

Mediation is a confidential, informal process where an independent, neutral person - the mediator - helps people in dispute reach a mutually acceptable solution. Unlike a judge, the mediator doesn’t impose decisions but facilitates constructive discussion and creative problem-solving. Mediation is especially effective in resolving workplace conflict, restoring working relationships and avoiding formal grievance procedures or, alternatively, providing a means of resolving differences as an outworking of the grievance process. The process is private and any information shared remains confidential. This encourages collaboration, flexibility and fairness which makes it a valuable tool for maintaining a respectful and productive work environment.

Why is mediation more useful or effective than litigation?

Mediation is valuable for HR Professionals because it offers a flexible, confidential way to resolve workplace disputes without the cost, formality and delay of litigation. Unlike tribunal judges, mediators can help parties reach creative, tailored solutions that reflect their specific needs. The process gives individuals a stronger voice, allowing them to speak openly in a private setting - often preserving or healing relationships that formal proceedings might damage. Mediation is quicker, less adversarial and encourages early resolution before issues escalate. It’s a proactive tool that fosters collaboration, reduces conflict, and supports a more respectful and productive workplace culture.

Who should attend?

• The individuals involved in the dispute.
   
  
• Any agreed representatives although sometimes legal or union representatives can try to control the process and makes things more confrontational.

Should HR Professionals attend?

HR professionals may attend if both parties consent – this can be helpful if there are any issues regarding workplace policies or employment terms. Their presence can support the process.

HR professionals don’t need to stay neutral in mediation, but they should remain fair. Their role is usually to support the employer’s position while helping ensure that the process is respectful and balanced. If they attend, it’s important that they don’t dominate or pressure either side - mediation works best when everyone feels heard.

Importance of proper preparation

• Selecting the mediator - The HR Professional will be involved in selecting the mediator who must be agreed by the people in dispute.  An internal mediator can be used but this person must be impartial and ideally will have received appropriate training in how to conduct mediations.  
  
  
• Explain the mediation process to the parties - explain that it is voluntary, confidential and looks forward to resolution rather than concentrating on the past.
  
  
• Arrange the accommodation – this should be a neutral and private space where confidentiality can be maintained. Normally three rooms are required (presuming two parties).  The rooms should be away from other staff members and the environment should be quiet and calm. There will be one larger room that can hold all participants – this will be the room where the parties will be brought together by the mediator. Ideally there should also be two separate smaller rooms for each party.

At the Mediation – on the day

This is how the day of the mediation may go – the schedule is up to each individual mediator.

Opening Session

• The mediator welcomes everyone and explains the schedule for the day
   
  
• Ground rules are agreed. These will include things like showing respect and not interrupting, confidentiality

Individual Statements

Each party gets a chance to speak to explain their concerns and issues without interruptions.

Private Sessions 

The mediator will speak to each party separately to explore options, clarify concerns or deal with any difficulties that arise. 

The mediator will also shuttle back and forth between the rooms, exchanging information and guiding discussions hopefully towards a fair resolution. 

Joint Discussion

Once the mediator thinks that the parties are ready, he/she will bring them together to discuss things together.  The mediator will then help the parties to:

• Decide what the crucial issues are
  
  
• Explore those issues
  
  
• Concentrate on what each party needs as opposed to what each party originally wanted at the outset
  
  
• Try to find some common ground and reach a settlement.
  

Agreement or Outcome

If a resolution is reached, it should be written down either as a formal agreement or just as an agreed list of actions. The HR Professional may help with the drafting of this important document but it is preferable for the parties to do this themselves as this helps to foster a sense of ownership in the resolution. It is important that any written agreement should be signed immediately before the parties can leave and change their minds or be persuaded by others.

Closure

The mediator wraps up, thanks everyone, and outlines next steps.

What other options are open?

If the mediation does not result in a signed agreement then other options are:

• A verbal agreement or handshake – not really ideal unless the issues are minor.
  
  
• The mediation may be postponed so that the issues may be revisited if it appears that things may change.
  
  
• Although the vast majority of mediations end in agreement, there will be a few that will escalate into grievances.
  
  
• Mediation can still have a role in the outworking of a grievance process, for example, it may be proposed by the individual charged with adjudicating upon a grievance as a means of resolving issues.

How to behave at a mediation

HR Professionals – and indeed all participants should:

• Be respectful and polite.  
  
  
• Avoid shouting, interrupting, aggressive body language.
  
  
• Listen carefully and pay attention to what is being said.
  

HR Professionals should remain neutral.

Conclusion

Before the mediation - the HR Professional prepares the parties for what to expect and makes sure everything is prepared.

During the mediation - the HR Professional upholds fairness

After the mediation - the HR Professional follows up where required, ensures agreements are fulfilled.

This article was provided by:

Rosemary Connolly, Solicitor
Kathy Sinclair, Juris Resolutions
Martin Blake, Juris Resolutions

www.jurisresolutions.com