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Workplace
Mediation FAQ'S
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Neighbourhood Mediation
FAQ'S
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Workplace mediation
tends to last for one to two full days
Who are the mediators?
Each Midland
Mediation Network (MMN) mediator is trained, certified and experienced.
Each mediator works within MMN’s practice standards and the Professional
Mediator’s Association practice standards
Do
mediators tell people what to do?
Mediators do not
tell people what to do, they do not judge who is right or wrong nor do
they impose a settlement or solution. However, mediators may ask all
parties challenging and difficult questions during mediation.
Is
workplace mediation confidential?
Workplace mediation
is confidential. We will not disclose anything that has been said during
workplace mediation without both parties express permission. We ask all
parties (and their representatives if present) to sign a confidentiality
agreement at the first meeting. Of course, we provide a copy of the
final agreement to the person who requested workplace mediation in order
that they are able to continue to manage the situation. In some cases,
where parties are happy for us to do so, we can provide feedback
to managers or supervisors as appropriate.
Where
does workplace mediation happen?
Workplace mediation
will happen in a neutral place. We do not mediate in people’s offices
and we ask for a room away from the main workplace whenever possible.
The room needs to be quiet and pleasant. We also ask for a second room
to allow us to do small break out work if required plus a quiet waiting
area.
Can I have someone with me during workplace
mediation?
Whilst we recognize
that people may wish to have someone with them, the mediators will try
to create an environment where parties do not need to bring anyone else.
If parties do wish to bring someone with them, we ask that this is to
the first initial workplace mediation meeting only and we ask that that
person signs the confidentiality agreement. We do not encourage anyone
other than the parties to be involved during the later stages of
workplace mediation.
What
happens at the end of workplace mediation?
At the end of
mediation, you will hopefully have reached a resolution to your dispute
and have agreed on a number of points of agreement. We will type these
up and ask you to sign the agreement. This agreement is binding although
most mediation agreements are not legally binding. We offer ongoing
support to all parties after workplace mediation is concluded and will
undertake a formal evaluation after one month.
I thought mediation was about us meeting each
other, why do we have to meet the mediator separately first?
Having separate
meetings with the mediator prior to the joint meeting gives all parties
the chance to talk about the conflict from their point of view. The
mediator will listen to what all parties have to say and will explore
how parties feel, what their concerns are and what their underlying
needs are. The mediator, having listened to all sides will then propose
an agenda for the joint meeting.
How is mediation used in neighbour disputes?
When neighbours are experiencing conflict with each other‚ a mediator
can help them to communicate with each other about their problems. The
mediator can help them to work out their own way of resolving the issues
that have caused the conflict. Mediation provides a safe‚ structured and
focused way of talking about problems and to explore reality based and
achievable solutions. Mediation allowes all parties to have their say
and the process can be completed relatively quickly.
What does mediation involve?
The mediation process has several stages, the first involves individual
meetings with all parties when detailed information is given about
shuttle (indirect) mediation and face to face (direct) mediation. If
the parties agree to engage in either type of mediation then further
meetings are arranged for all of the issues to be discussed with the
mediator. When all parties feel that they are ready and prepared,
shuttle or face to face meetings are arranged. Face to face meetings
are always held in a neutral venues.
Who decides on the outcome?
The parties themselves‚ not the mediator‚ discuss and agree between them
what is entered in their agreement.
Do people have to meet with their neighbours?
The best way to resolve issues between neighbours is when they meet
together in a neutral venue under the direction of an unbiased third
party (the mediator). However, in some circumstances individuals feel
that they cannot meet directly with the other party and it is possible
for indirect (shuttle) mediation to be undertaken. The mediator goes
from one party to the other in turn passing information to both parties
and helping them to formulate an agreement that they are both satisfied
with and are willing to participate in.
Do people have to use mediation?
Mediation is a voluntary process and no-one can be made to engage in it
or should be pressured into taking part. Mediation is successful
because no-one tells anyone what they should do, all solutions come from
the parties in conflict and voluntarily agree to enter into an agreement
about how things change between them.
What if one neighbour is very aggressive?
The mediator meets with all parties individually before the mediation
process begins. If the mediator feels that there is any possibility of
aggressive behaviour then a face to face meeting will not be offered.
All parties are made aware of the requirement for courteous and polite
behaviour at any meeting that takes place. If any unexpected aggressive
behaviour does develop, the mediator can take a decision to end the
meeting and close the case.
What if one person is in the wrong?
Mediation does not seek to prove that one party is right and the other
is wrong. It does allow both sides in a dispute to express their issues
one with the other and to describe the effect that the other’s behaviour
has upon them and their lifestyle. If it becomes apparent during the
course of the mediation process that one party is in the wrong, it is up
to them and the other party to decide what action they are willing to
take to make things change for the better. This is achieved by entering
into an agreement together.
What if previous attempts to reason with one party have failed?
Mediation can help in cases where alternative possible solutions have
previously failed. Mediation allows each party to speak about their
issues without being challenged or interrupted by the other disputant
(personal uninterrupted time). This is probably the first time that
they will have been allowed to speak about their problems without
interruption. It also ensures that the other party has to listen to
what is being said before they can challenge, answer back or put
forward their own issues.
Does it work?
Mediation can be very effective when both parties are willing to work
together to make changes happen. If there are alterior motives, for
instance if a neighbour wants to move and is using neighbour nuisance as
a reason to do so, then it will not work. Both parties need to speak in
an open and honest way about their issues and to work together to make
lasting changes. Neighbours usually want a practical and lasting
solution to their issues as they will be living in close proximity to
each other for a long period of time.
Is Mediation Confidential?
Mediation is totally confidential and no information will be passed to
anyone outside of the mediation meetings except in exceptional
circumstances. Individual services have their own confidentiality
policy forms with any exclusions described in full for all parties to
read prior to entering into the mediation process.
How much does Mediation Cost?
Each individual mediation service gives information on the service they
offer and any charges that they may make. Some but not all services are
free so please visit the information available on our information pages
to verify if there is a charge for services or not.
Do you have a question that is not answered here?
You can e-mail us
with your query at:
talk2us@midlandmediationnetwork.co.uk
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