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Mediation Process Overview
1. Presented By:
Muhammad Usman Rafiq (11337)
Muhammad Umer Zohaib (11336)
Sanaullah (11339)
Presented To:
Sir Zaheer.
2. Mediation
Mediation is a process for resolving disagreements in
which an impartial third party (the mediator) helps
two or more members of staff in dispute to attempt to
find a mutually acceptable resolution. A mediator will
meet with you and your partner together and will
identify those issues you can’t agree on and help you to
try and reach agreement.
Mediation will be arranged by Human Resources and
facilitated by a trained mediator. Depending on the
nature of the issue; the mediator will be either a
member of Human Resources trained in this area, or
an external mediator
3. Mediation
Mediation is a process for people in conflict, which
includes two or more participants and one or more
mediator(s). The trained, impartial mediators help people
in conflict to communicate with one another, understand
each other, and if possible, reach agreements that satisfy
the participants’ needs. A mediator does not provide legal
advice or recommend the terms of any agreements.
Instead, the mediators help people reach their own
agreements, rebuild their relationships, and, if possible,
find lasting solutions to their disputes. Mediation is a
process that lets people speak for themselves and make
their own decisions.
4. Mediation Process
Pre- Mediation
Individual Meetings
Joint Mediation
Concluding the Mediation
Post Mediation
Evaluation
5. Pre Mediation
If a member of staff requests mediation via a manager outside of
Human Resources, they should be advised to contact their local
HR Manager who will arrange for them to be contacted by a
mediator. Human Resources will establish the cost and seek
authorization from the Head of Department prior to confirming
with both/all members of staff involved that they are willing to
participate in mediation. If an internal mediator is to be used,
the mediator will confirm with both/all members of staff
involved that they are willing to participate in mediation prior to
arranging meetings.
The exception to this would be if one of the members of staff
involved in the mediation process raised issues that were
unlawful, amounted to serious misconduct, or were concerned
with harm to self or others. In those circumstances the process
would be terminated and Human Resources informed.
6. Individual Meeting
Once it has been established that the members of staff
concerned are willing to participate in the mediation
process, a meeting will be held with the member of staff
who initially raised the concerns, and they will be asked to
identify their issues. This will be used by the mediator as
the basis to help them work towards an acceptable agreeme
This meeting will take place in a safe, neutral environment
to discuss their perceptions of the situation and what they
hope to achieve as a result of the mediation process. A
suitable time will be identified to meet separately with the
other member(s) of staff taking part in the mediation to
identify their issues and concerns.
7. Joint Mediation
Normally following the separate meetings the members of
staff will come together in a joint meeting. The meeting
will be an open and frank discussion of the issues, and will
be led by the mediator to ensure fairness and appropriate
behavior. The mediator will normally start by explaining
how the session will work, setting the agenda for the
mediation and giving everyone uninterrupted time to put
forward the key issues. As the process develops, the
mediator will help the members of staff to generate and
assess the viability of options. As an area of agreement is
reached, the mediator will clearly articulate this, secure
agreement from both/all parties and record it.
8. Concluding the Mediation
The process will conclude when both/all members of staff
confirm that they have dealt with the conflict and have
reached a mutually acceptable resolution, which includes a
clear understanding of what has been agreed. The
agreement will be written down and both/all members of
staff will be asked to sign a copy of the written agreement.
Both/all members of staff will also agree who retains copies
of the agreement (e.g. just the members of staff alone, their
manager etc) and whether or not any confidential notes
were made by the mediator during the process should be
retained or destroyed.
9. Post Mediation
There is no appeal process associated with mediation.
However, participation in mediation does not exclude
members of staff from instigating other formal College
procedures.
10. Evaluation
Although no records will be kept of the detail of the
mediation, members of staff taking part in mediation
will be invited to complete an evaluation form. This
can be completed anonymously if preferred.
Evaluation of the mediation process allows the College
to assess the satisfaction of participants on their
experience of the process, the benefits of using
mediation and the effect that mediation has on any
reduction in formal discipline and grievance
procedures.
11. Roles and Responsibilities
The role of the Mediator.
The participant’s Responsibilities.
The line Manager’s Responsibilities.
12. The Role of the Mediator
The Mediator will give equal value to the views of each member of staff and remain
impartial at all times.
The mediator will keep details of the mediation process confidential.
The Mediator will not impose solutions: their role is to support the members of staff to
reach agreement.
Any notes made in the course of the process will be destroyed at the end of the process
unless both/all members of staff have explicitly requested all or some notes are retained,
or if the mediator has requested retaining them for accreditation/ professional
requirement/ professional development purposes.
The mediator will not disclose to the member of staff’s manager(s) anything beyond a
report that specifies the agreements that have been reached, or confirms that the parties
have been unable to reach an agreement.
In the event that a failure to agree via the mediation process is followed by an action
being taken under one of the College’s formal procedures, reasonable attempts will be
made to ensure that nothing that was discussed in the course of the mediation process
will be disclosed during the subsequent formal process. If either party believes that
confidentiality has been breached, the Mediator may be required to attend as a witness to
confirm if this is the case or not.
13. The Participant’s Responsibilities
When accessing mediation, members of staff are expected to enter positively
into the process, with a view to reaching an agreeable outcome.
Members of staff should abide by and respect the terms of any agreement
reached through mediation.
If mediation takes place as an alternative to a formal grievance and the areas in
conflict are resolved, through the mediation process, it will be the
responsibility of the member of staff who raised that grievance to formally
write to Human Resources to state that the grievance is resolved and closed.
Similarly, if the case is not resolved, it will be the responsibility of the
individual to write to Human Resources to re-instigate the grievance
procedure.
Mediation normally works best when members of staff work directly with the
mediator. However, if a member of staff would like to be supported during the
process by either a work colleague or trade union representative, this must be
requested at the outset when mediation is arranged and before the mediation
process commences. The mediator will then discuss appropriate arrangements
with both/all parties.
14. The Line Manager’s
Responsibilities
Line managers should familiarize themselves with the
benefits of mediation and promote this as a method of
conflict resolution, where appropriate. However, there may
also be situations when mediation would be inappropriate,
and where people management issues may be better
handled by the line manager, as a first resort, encouraging
members of staff to talk to each other regarding their
concerns.
Where mediation does take place, line managers should
respect the confidential nature of the process and not seek
information from the mediator, or ask participants to
reveal details of a mediation agreement.
15. Before Mediation Lawyers Goals
Show the client what you can do.
Write the opposition’s report.
Firm up the Budget.
Prioritize your Agreement.
Manage Client Expectations.
16. Before Mediation Lawyers Goals
Before mediation lawyers should develop of series of
goals ultimately aimed at having a client who leaves
mediation thinking that he or she is lucky to have that
lawyer s. There are few less oblivious goals for your
consideration. These goals must be kept in mind when
you think that clients show that what you can do.
17. Before Mediation Lawyers Goals.
Show the Client what you can do. Many clients have
never seen there lawyers in action before. You can
show preparedness, attention to detail, ability to think
on your feet etc.
Write the opposition’s report. At mediation, you
have meaningful input into others sides case analysis.
You can literally hand the opposing party materials,
such as your damaging calculations.
18. Before Mediation Lawyers Goals:
Firm Up the Budget: The mediator is trying to help
the lawyer and client reach consensus on realistic
budget.
Prioritize Your Argument: When discussion the
issue the mediator clearly listen the parties issues and
prioritize your arguments according to that issue.
Manage Client Expectation: A lawyer may obtain a
terrific result, but the client may think the opposite.
Heart to heart discussion go a long way toward
defining what results a client shoud reasonably expect.