Accessibility statement

Is mediation right for me?

We understand that you may have some questions or concerns about mediation. Some of the common queries we receive are listed below, but if you would like to find out any more please don't hesitate to contact us.

Why should I use mediation?

Mediation is an opportunity to have a confidential, facilitated conversation with the other individual, in order to come to an agreement. The mediators will support and structure the session in order to facilitate an agreement. They remain impartial at all times.

Mediation is also quick. Once parties have agreed to mediation this can usually be organised and conducted within 2 weeks. There is nothing to lose from using the opportunity as formal procedures are much more protracted and the control is passed over, whereas within mediation the control remains with the individuals.

Will details of mediation be stored on my personal file?

No details of mediation will be retained anywhere in the University. All papers are destroyed after the mediation, in front of the parties. The only documents that will be retained are the confidentiality agreement, and, with the agreement of the parties, any agreement made during mediation. These will be kept by the mediation coordinator and will not be used during employment procedures that may subsequently be involved.

I've been asked to attend mediation. Do I have to go?

Mediation is a completely voluntary process and its success depends on both parties being happy to participate. There is no obligation to attend and you may end the process at any time.

However, it may be worth considering the benefits of mediation and the potential alternatives before you decide to decline it. You can also contact the mediation coordinator for impartial advice.

Do I have to spend a whole day meeting the other person?

It's understandable that if you are encountering problems in your working relationship you may not want to spend a day meeting with the other individual.

Most mediations last for three to four hours (including a break), and the mediators will help provide a structure to your conversation.

Where possible, the mediators will try to meet both parties on the day of the mediation, but we realise this will not always be possible. Where this is the case, the mediators will find a mutually acceptable time less than one week before the mediation takes place.

What happens if mediation doesn't work? Will I be tied to any agreements I sign?

Mediation is without prejudice and is an informal process. This means that nothing discussed in the mediation can be used in future procedures (by you or the other party). However, most workplace mediations result in an agreement.

Mediation can be used alongside formal processes. There is nothing to stop you initiating, or continuing with, these processes after the mediation session.

You should maintain the confidentiality that you agree to when beginning mediation but you are not legally bound to agreements you make within the process (though it is highly recommended that you try to keep to these agreements where possible).

Does mediation stop me using other employment procedures?

No, if you are already going through a HR process then mediation can be used alongside this process.

If you are not satisfied after attending mediation, you are still free to use any other HR process.

What is the mediation process?

Before the mediation, each party will meet individually with the two mediators. Often this happens on the same day as the mediation, but can be up to a week before if finding time is a problem.

During the mediation, the two parties will meet together along with the mediators who will facilitate and structure a conversation, with the aim of reaching an agreement by the end of the meeting. This agreement can be written down for the parties' records, but will remain confidential (along with the rest of the process).

How long does mediation take?

Mediation is much quicker than many other resolution processes.

The mediation can usually be arranged within two weeks of agreement of both parties to attend. The mediation itself will usually last three to four hours. The mediators will also meet with each of the parties individually earlier in the day (or if necessary, in the week leading up to the mediation), and this meeting usually lasts around one hour.

Should I request a mediation or a facilitated conversation?

The mediation service is suitable for many colleagues who are having difficulties in their working relationships with another individual. A mediation will usually focus on allowing the parties to resolve their differences and work on rebuilding a sustainable relationship.

We can also provide trained mediators to support other difficult conversations where colleagues feel this may be beneficial. This is not designed to replace day-to-day management conversations but can be used to support both parties if appropriate.

Can I tell my line manager or Head of Department?

Although the content of your conversations at mediation and with the mediators will always remain confidential, it may be appropriate for you to discuss attending mediation with your line manager in some cases - particularly if they have referred you to the service.

If you are unsure about who (if anybody) should know you have been to mediation, you might want to consider raising this during your meeting, so that both parties can agree on a way forward.

Want to know more?

To find out more about mediation, please contact us.

mediation@york.ac.uk

01904 32 4838 

Glossary

  • Parties - the individuals in dispute who take part in the mediation
  • Without Prejudice - the details of the mediation cannot be used in any future procedures (for example, a grievance or harassment case).