This chapter sets out the key principles of mediation and describes the various stages of the process. It looks at the purpose of each stage, considers when you might want to have joint sessions or individual meetings, and how the skills discussed in Chapter 2, Mediator Skill Set, are utilized during the process. Finally, there is consideration of some practical issues such as venue and room setup.
A mediation process is outside of any formal (that is, disciplinary or grievance) or legal process. Ideally, mediation should be considered and commenced before these processes, but if this is not the case then the formal process can and should be halted while mediation takes place.
A very important principle of mediation is that it is a voluntary process. That means that mediation can only take place if both parties consent to do so. This is an important first step. By voluntarily agreeing to try to do something to resolve the situation, the parties have accepted that they have a choice (and possibly some responsibility) about whether to resolve the specific issue or not.
It is confidential and without prejudice. Anything that is said throughout the mediation process is confidential and cannot be used for any other purposes. For example, it cannot be used in any subsequent formal proceedings or legal proceedings.
It is transformative and empowering, giving control to the parties. The power to reach or not reach a solution is in the hands of the parties; it is the mediator's role to facilitate this. This also means that the process allows for creative solutions, so the possibilities are endless.
The mediator is entirely neutral and does not make any judgment; who is right and who is wrong are irrelevant for the purposes of mediation.
It gets people talking. People who are in conflict tend to take up rigid positions and avoid communication. Mediation teases out the underlying issue (of which there are always some) and focuses on each party's needs and interests, and deals with the parties' feelings and emotions.
It gets people listening and (hopefully) understanding each other's viewpoints.
Any solution is future-focused. There is often a need to get things aired and off-load issues and concerns, but once this is done and there is greater understanding of one another, the parties are more likely to be able to think about and focus on future solutions.
It allows people to preserve dignity. If mediation does end in one individual exiting the organization, then this can be done in a dignified manner, which protects the reputations of both employer and employee.