Resolution Workplace Conflict
Referrers & Human Resources 
Midlands Mediation Ltd.

	01623 706020
www.midlandsdove.co.uk		

Mediation Information Pack

This document will help you get the most out of this opportunity to resolve your concerns and move forward in a constructive way.

There are four parts to this document

1.	Mediation information: For referrers, personnel and human resources

2.	Mediation information: For participants – explaining mediation, what it is and how it works.

3.	Preparing yourself for mediation: Guidelines on helpful behaviours and constructive thinking that will help you get the most from this opportunity.

4.	Agreement to mediate: A commitment from you to say that you have understood this information and are willing to try and resolve issues through using mediation.

Please note mediation is a confidential process. Information and communications that take place within the mediation cannot be talked about or used elsewhere. The mediator or participants cannot be called as a witness or to give evidence or make representation in other formal, administrative, arbitral, or judicial procedure.

Mediation Information – for referrers, personnel and HR

For referrers there are 3 stages to mediation

1.	Initial assessment

2.	Mediation process

3.	Review

Initial assessment

A free, confidential session where we talk with you to understand the situation, the issues and who is involved. The purpose of the meeting is to

-	Identify who wants to mediate

-	Evaluate the options available to you in this situation

-		Make a joint decision with you on whether mediation can assist

We will give you an estimate of time and cost involved. Please note mediation does not guarantee a resolution. Mediation is a collaborative option within a range of dispute resolution options. Organisations are often required to evidence that mediation has been used or offered.

Mediation process

Once we have agreed to go ahead with mediation. We ask you to arrange times, dates and a private neutral venue for the participants. Individual sessions can last up to 1 hr 15 minutes. Please allow at least 15 minutes between each individual session. Please allow at least 30 minutes between the last individual session and any mediation session. The mediation can take between 2 and 8 hours depending on the number of participants and the nature of the issues. It is best to conduct the whole process in a single day or as close together as possible across two days; this maintains a positive momentum and supports the chances of resolution. For larger group mediations we require a small second room in addition to the main room.

The process is private and confidential. The only information you will receive back from ourselves as mediators will be notice on who has participated in the mediation and whether there was an outcome or not. We will say nothing of the content of any meetings. If the participants agree to further disclosure of information or resolutions that is their right, subject to agreement between all participants.

Once the mediation is concluded you will receive written confirmation for your records of times and dates of meetings, participants names and outcome status. You will also receive an evaluation form.

Review

After the mediation, we would like to talk with you to review the effectiveness of the process. This can take place at any point up until 3 months after the mediation session.

Mediation Information – parties and participants

Mediation provides an opportunity to resolve difficulties and differences. Whether tension, dispute or long term conflict, mediation can help those involved find a way forward.

The mediator acts as an impartial facilitator to help those involved find their own resolution to the situation. Mediation is a confidential process.
Mediation has two stages

1.	Individual, private meetings

2.	A mediation meeting with all concerned

Individual meetings

This is a private, confidential session lasting up to 1 hour 15 minutes. The meeting may be in person or over the phone.

In this Assessment Session the mediator will:

1.	Take a few minutes to introduce themselves, explain the mediation principles of impartiality, independence, consent and confidentiality within the limits of the law.

2.	The majority of the session is a chance for you to talk and the mediator to listen. The mediator will encourage you to be open about your view of the situation, including

•	What has happened, how you feel about the situation and what is important to you

•	What you would like to resolve and different ways to achieve this

3.	The mediator will work to clarify and understand your issues

4.	The mediator will then explain how mediation works

5.	The mediator will finally check the following points before ending the session:

•	Do you understand the 'Agreement to Mediate'?

•	Do you want to use mediation and whom do you want to mediate with?

•	What are the issues you would like to bring to mediation?

There will be 15 minutes between each individual session; this is for participants who may feel uncomfortable seeing other participants.

Mediation session

All those involved come together to work on the issues and resolve them. The mediation will be held at an agreed or neutral venue. The mediation can take between 2 and 8 hours depending on the number of participants and the nature of the issues.

The purpose of mediation is to

•	Bring people together to talk about the issues in dispute

•	Help people talk and listen

•	Help people identify the issues and think of different ways to resolve them

•	Help people work on the issues they share & the communication between them

•	Promote understanding and agreement and work to re ­ build relationships

The mediation session has four clear stages

1.	Setting the scene & hearing the issues

The mediator gives an overview of the meeting. The participants agree principles and behaviours that will help the mediation work. Each participant has a short period of uninterrupted time to outline his or her main issues.

2.	Exploring the issues

The participants discuss the issues with each other. This is an opportunity to hear directly from one another, to ask questions, share information and to give explanations. This helps to gain a better understanding of each other’s view of the situation. An agenda of issues is agreed.

3.	Building understanding & agreement

The participants work on the issues to deepen understanding, recognise differences and move forward. This is an opportunity to develop ideas and think about different ways of resolving the issues. Points of understanding and agreement are drawn together. Outcomes are tested to ensure they are realistic, fair and meet the interests of all concerned.

4.	Closure

This looks at what happens after the mediation and includes an evaluation of the mediation and agreeing any follow up arrangements, if wanted.

Variations on the mediation process

The mediator may change the mediation process from a joint meeting into separate or side meetings, involving one or any number of the participants in the room. This will be agreed with all participants at the time. Any participant can ask to meet with the mediator privately at any time during the mediation. Any participant can ask to meet with any other participant privately at any time during mediation.

Administration

Agreements to mediate are to be signed prior to the mediation session. If you have any questions please ask these of your mediator in your individual session. Evaluation forms are provided at the end of the mediation process.

Reporting

The mediator will make a brief statement (verbal or written) to the referrer or purchaser of services. This will be a process statement and will not include any content or anything that was said from any part of the mediation process. The statement will include a list of names of those attending, the dates of meetings and whether a resolution was reached or not.

PARTICIPANTS - Preparing yourself for mediation

To prepare yourself for mediation we will ask you some questions and explain how the mediation session may benefit you.

We will ask you questions to help you think about

•	What you want and what is important to you?

•	How the situation has arisen and how people have contributed to this?

•	What you could do to move this situation forward for yourself and others?

If you find it helpful to make notes on paper to clarify your thoughts please do. Please note that the mediator will be interested in listening to you, rather than you reading your notes.

What you want and what is important to you?

Think carefully about what your really need and want in this situation? Take time to consider what is important to you? Try and identify what is needed in order to change or improve the situation for yourself or others. If this is difficult, the mediator may be able to help you think through this in your individual sessions. Once you have identified what is important to you, think about whether that is realistic. Think about what it would be like if you achieved what you wanted: what would the consequences be for yourself and all those involved?

How has the situation arisen and how have people contributed to this?

1.	Think about the situation you are in. How has this arisen?

2.	How have other people contributed to this situation? What is it about what they do, how they are or what they say? How does this affect you?

3.	What is it about the situation you are in that makes it difficult for yourself?

4.	How has the workplace, the environment or the organisation contributed to the situation?

5.	Finally, a difficult question. What have you yourself contributed to this situation? What is it about yourself: what you do, how you are or what you say? Also, what do you not do, what do you avoid or not raise? Think about how you are and how it might affect the other person or your colleagues?

What you could do to move this situation forward for yourself and others?

1.	Remember what you want and what is important to you. How could this be achieved? What different ways are there of achieving that?

2.	What could you do to help others in this situation?

3.	What could you do to help the person you are in conflict with move forward?

4.	What could you to help the team move forward?

How might the mediation sessions benefit you?

The Individual Session

This is a chance to talk in private, in confidence. To perhaps raise difficult issues or talk about troubling concerns. This is an opportunity to clear the air and get things off your chest. This often helps people get a better perspective on their situation. You will be able to talk about what you want to achieve and how to go about that. We will not advise you, nor will we discourage you from any course of action. We will help you think through the pros and cons of any choices you have in this situation and whether they satisfy your interests and needs. We will help you think clearly; this is a chance to make decisions with someone that has no bias or stake in the outcome.

The Mediation Session

This is a structured process where you have a chance to be heard and listened to by others. This is also a chance to listen to and understand the person you have a difficulty with. The opportunity here is to say what you want and need from someone and to help them understand why that is important to you. This involves speaking openly, honestly, directly and with feeling. The opportunity here is also to try and understand what is important to the other person and why that might be so. This involves being willing to hear someone out, holding onto your own reactions and suspending your judgements; this means listening carefully. At best this means trying to put yourself in the other person’s shoes, seeing it from their side. We will ask them to do this for you; we will be asking you all to do this for each other.

Once each person feels they have said all they need to say and that this is understood by each other. Then we can begin to talk about how to move forward. Here we help you work together to try and find different ways of moving forward. Importantly this will mean trying to think differently and create new and different ideas to help you all move forward. Towards the end, we will aim to build on any progress and encourage you all to recognise what has been of value for yourselves and each other. Finally we will help you practically test any outcome or resolution; checking that all are satisfied with both process and outcome.

Agreement to Mediate

Before a mediation session, each participant is asked to sign an ‘agreement to mediate.’ This agreement confirms your understanding of the mediation process and your agreement to its principles and ground rules. This is an agreement in good faith. If you do not understand or agree with any point please speak with your mediator.

Terms of the Agreement –

1.	I agree to try to resolve this situation through mediation.

2.	I understand that this mediation is an informal opportunity to resolve an interpersonal workplace dispute or conflict.

3.	I understand that my taking part in mediation is voluntary and that reaching an outcome or solution during mediation is voluntary. I can leave or suspend the process at any time.

4.	I understand it is my right to bring a support person if I want to, and that this must be agreed between all before the mediation begins. I understand that the mediator must meet with any supporter before we all meet together.

5.	I understand that decisions will be made between us as participants and that ideas and suggestions for moving forward will come from ourselves. The mediator will not offer opinion or decision on the issues or the outcomes.

6.	I understand that mediation is confidential and that I will not disclose anything that is heard, said or done in mediation in any future or subsequent administrative, arbitral or judicial procedure. I will maintain the confidentiality of mediation outside of the process, for example: within my workplace or socially. Violation of this good faith agreement may expose a person who breaches mediation confidentially to possible legal action such as injunction or compensation for damages.

7.	I understand that the mediator is not there to act as a legal representative for any participant, including the organisation for which we work. The mediator will not provide legal advice or counsel. Each participant should consult with his or her own legal counsel regarding the potential risks and benefits of participating in mediation. Participants can seek the advice of independent counsel at any time. Any mediated agreement may affect the legal rights of the participants; therefore each participant to the mediation should have any draft agreement reviewed by independent counsel prior to signing the agreement.

8.	I agree not to ask or summons the mediator or any other participant to disclose information from the mediation process, including any notes, records or work product resulting from the mediation process in any future or subsequent administrative, arbitral, judicial procedure or other formal process arising from or in connection with the dispute, conflict and the mediation; nor will the mediator act or agree to act as a witness, expert, arbitrator or consultant in any such process.

9.	The mediator will hold in confidence all that is disclosed within the mediation. Unless required to disclose by law. This includes where the mediator is lead to believe someone is being put at risk of harm, abuse or danger including yourself or others. This includes where there is an admission of criminal offence or information relating to a criminal offence about to be committed, including acts of terrorism.

10.	In the event of requirement by law to breach confidentiality, any participant who seeks to call a mediator to give evidence, will indemnify the mediator in respect of any reasonable costs, expenses and fees, including fees related to legal representation and advice, incurred through such process.

11.	I understand that no participant will be bound by anything said or done in mediation. If participants wish to formalise any understandings or agreements they can commence a separate process with their own legal counsel to draw up a legally binding agreement.

12.	I agree that the mediation session will not be recorded by anyone and that no transcript or minutes of the session will be produced.

13.	I understand that I will attempt to make reasonable efforts to work with the participants and the mediator to achieve resolution. I understand that if any participant is unable to reasonably co-operate then the mediator may end the session.

14.	I understand that the mediator may end the mediation process if they feel that all reasonable and professional attempts that have been made to resolve have been unsuccessful. The mediator reserves the right to end the session for any appropriate reason, without disclosure of such reason to the participants.

15.	I understand that the mediator is there to help us reach our own resolution by helping us talk, listen, negotiate and problem solve together.

16.	I understand that the mediation ground rules are there to help us communicate effectively and work together constructively.

17.	I understand that the mediation process and the mediator will encourage us to adopt different ways of thinking and behaving in order to help us jointly satisfy our interests.

18.	I understand that the purpose of mediation is twofold. Firstly, to explore and understand the issues between us and to decide whether mediation can help. Secondly, to provide an opportunity for us to work together to reach a resolution we are all satisfied with.

Name

Signed

Date