Workplace Mediation FAQ
If you are new to mediation you will have questions and our aim is to give you as much information as possible to help you make a decision. If you have questions other than those shown below, please do not hesitate to email us at mediation@picassohr.com.
What exactly is mediation?
There are many explanations; simply put it is a tried and tested process, facilitated by a neutral and qualified third party (the mediator), to help parties come to an agreement to resolve their dispute. The emphasis is on the parties negotiating their own solution and coming to an agreement rather than being forced into it by anyone else.
When should I consider using mediation?
Mediation can be used from the early stages of conflict to the point of deadlock when costly litigation is being considered. Cost of workplace conflict can be very high in terms of productivity, low morale, financial and potential negative messages to customers. Our advice is that the earlier mediation is used in a dispute the better in terms of improved relationships and lower costs.
What does ‘without prejudice’ mean?
Mediation that takes place on a ‘without prejudice’ basis, means that any information and documents that come to light during the process may not be used or referred to in any subsequent litigation. This also means that the mediator may not be used as a witness or otherwise in any subsequent tribunal.
Is it voluntary?
Unless there is a legal clause that requires mediation in case of a dispute, yes it is voluntary. Your mediator will check with you that you are entering into it voluntarily. PicassoHR mediators do not force or coerce anyone into. It is important that parties come with the mindset that they genuinely want some kind of resolution to their dispute. At any stage during the mediation either party may terminate the process.
How confidential is it?
The mediator is bound by a duty of confidentiality to each party both during and after the mediation. Each party is also required to sign a confidentiality agreement. After any mediation session, successful or otherwise, all information, except any agreement document, will be destroyed by the mediator.
Where might it take place?
Mediation needs to take place in a neutral venue where there are three rooms assigned for it. Each party will have a room of their own and the third room is for joint sessions. You do not have to worry about finding a venue as we can do that for you.
If I am considering PicassoHR mediation, what do I do now?
It’s simple, call Lina Hogg on a no obligation and confidential basis for an initial chat on 01473 890037 or email her on lina.hogg@picassohr.com
Who can be a mediator?
At PicassoHR our mediators are highly skilled HR professionals who have been trained by a professional body, such as The Institute of Arbitrators in mediation. The training is long and intensive and includes a process that has been tried and tested for highly effective results. At PicassoHR, so far we have a 100% success rate.
What does the mediator do?
The mediator is an impartial third person whose job is to help the parties with a dispute to come to an agreement. Your PicassoHR mediator will have sound facilitation, listening and people skills to build trust and rapport. The mediator will use private sessions to create a safe environment in which each party feels they can talk freely and confidentially without being judged. It is not the role of the mediator to tell you what to do, however may coach a party on how best to present information to the other side.
Can I bring someone with me?
You may, however apart from the initially meeting with the mediator, we tend to advise against. Mediation can be a very emotional and personal experience and your mediator is there to help you through it using empathy and sound people skills. With a PicassoHR mediator you will be in safe caring hands.
Related Pages
Choosing a Mediator What to look for in a mediator
European Code of Conduct for Mediation Adherence European Code of Conduct of Conduct for Mediators
Mediation Case Study A case study on how mediation can be successful.
Workplace mediation services How mediation can assist in resolving disputes.
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