This document summarizes how mediation can assist MLCOA specialists, case managers, and HR managers in resolving workplace disputes related to injured workers' return to work. It discusses the benefits of using a neutral mediator, including remaining independent and impartial, facilitating difficult conversations, keeping claims moving forward, and maintaining confidentiality. The document also provides an overview of the mediation process and some potential "red flags" that may indicate mediation is less likely to succeed.

1. How Mediation Assists
MLCOA Specialists, Case
Managers and HR Managers

2. A Little About Me
• Nationally Accredited Legal Mediator.
• 20 years of experience with dispute resolution.
• Founded SHAW Mediation Australia in 2013.
• Multiple mediations for Return To Work SA and
private workplace disputes.
Copyright © 2017

3. The Mediator Fit
RTW Specialists and Mobile Specialists
Injured Worker Employer
GP
Occupational
TherapistsLawyer
Union
Advocate
Fair Work
SA
Allied Health
Professionals
Occupational
Physician
Supervisor
HR
Manager
Lawyer
Other Staff
*MediatorInsurer
RTWSA/Comcare/AG’s Dept
WH&S Officer
Copyright © 2017

4. When Disputes Arise
• Things feel unproductive, stuck or
difficult conversations need to be
had
• Upon referral
• Claims Agent communicates the
involvement of a mediator
• This is arranged as part of the
RTWSA or other service providers
service
• You need to be confident and
upfront about capacity and
restrictions for the injured workerCopyright © 2017

5. Benefits of a Mediator
Supports and facilitates the role of the Injured Workers,
Employers, HR Managers, Case Managers, Insurers, MLCOA
Specialists associated with the return to work of injured workers
by:
• remaining independent without any vested interest in the
outcome
• asking the hard questions and reality testing
• helps to keep claims smooth, moving forward and future
focused
• remains private and confidential, as far as the law allows
• records the outcome for the relevant peopleCopyright © 2017

6. Opening
Parties’
opening comments
Reflection & summary
Issue exploration
Private sessions
Negotiation
(Private sessions)
Agreement
and closure
Agenda setting-
identifying the issues
The Mediation Process
Copyright © 2017

7. Role of the Mediator
• Offers the process for the way forward
• Assists communications without input
• Remains independent
• Provide a safe environment with ground rules,
timeframes
• Listens, acknowledges, asks the hard questions, reality
tests and reframes
Copyright © 2017

8. Red Flags
• Defensiveness or suspicion
• Allegations about others
• Lack of respect and trust
• Break down in communication
• Lack of understanding
• No progress or clear way forward
Copyright © 2017

9. Thank You - Questions?