What is Workplace Mediation? Download the full ScotCoach Workplace Mediation Fact Sheet (256kb)
Workplace Mediation provides a range of benefits to managers and staff within organisations. Mediation is beneficial because: It offers a cost effective alternative to lengthy and unnecessary investigation or litigation It is a very efficient process that saves time and money The focus is on finding and implementing positive and productive solutions to disputes
Many workplace conflicts, grievances and disputes are suitable for mediation. However, cases involving serious misconduct or issues related to power issues may not be suitable. ScotCoach always assesses each individual case for suitability before commencing mediation. ScotCoach have successfully mediated in the following types of situations: Allegations of bullying and harassment Conflict between managers Disagreement between members of a team about roles and responsibilities Conflict arising from acquisition and change Arguments over management roles Issues related to the sale of a business
In our experience, workplace mediations can take as little as ½ day and as long as several days. A deciding factor will be how many parties are involved (2 to many) and the types of issues needing mediation. On average we find most workplace mediations take one day. We offer a fixed daily rate that is very competitive, email us for details. Just call us on (tel) 0845 6804541 or email us to arrange the next steps. The Eastburn Model was developed by the lead Mediators in ScotCoach, Caitlin and Tony Buon during their professional practice as mediators and trainers over the past 20 years. This Model is somewhere between the problem solving and transformative models of mediation and utilises aspects of both approaches.
In summary the seven stages of the mediation process used by ScotCoach are as follows: - Pre-mediation Stage
- Mediation Commences
- Opening statements
- Identify the Issues
- Fact-finding and issue definition
- Reach Agreement
- Follow Up
Mediation Agreement Document
You can download our standard mediation agreement that is signed by all parties before workplace mediation commences. If you would like to see a more detailed description of the Eastburn Model, please click here. The Eastburn Model is also the model taught on our mediation training programmes. Please Click here for more details of mediation training available from ScotCoach.  In our experience 85% of mediations result in a workable agreement and so it is highly successful when compared with other interventions. Sometimes people believe that mediation is always a case of arriving at a ‘win-win’ outcome. This can be distressing to one or more parties as they are of the view that someone needs to ‘take the blame’ or accept responsibility for what has occurred. Workplace mediation is not about glossing over the facts or the truth and invariably one or more of the parties does need to accept responsibility for some aspect of their behaviour or the problem. However, no one can predict what each person (if anyone) will end up taking responsibility for until the process takes place as it is stressed that the outcomes are in the hands of the parties to the dispute - the mediator does not impose a solution. For more information on outcomes please click here. [ Top of page ] Whilst the parties are responsible for arriving at a resolution, the mediators maintain control of the process at all times and ensure that all parties behave respectfully and appropriately throughout. For more information on the control of the process please click here. Whether an agreement is reached or not the detail of what is discussed during the various individual and group sessions is confidential and the parties and mediators are bound by an agreement not to disclose the content of the discussions to anyone outside of the process, unless express permission is given by the parties to do so. Where an agreement has been reached, the parties may want to prepare a written agreement or even multiple agreements. A copy of any written agreement is to be kept by the parties and the mediator. If the parties agree that it would be helpful to provide a copy of their agreement to their manager or HR then this will form part of the agreement reached. For more information on confidentiality, disclosure and agreements please click here 
Workplace mediation is a non-prejudicial process. In the event that the mediation does not arrive at a resolution or where an agreement subsequently breaks down employees are therefore entitled to pursue further action either by making a formal complaint or taking legal action. For more information on subsequent action please click here. Depending upon the issues involved and the number of parties in a conflict situation ScotCoach will either mediate using one mediator or co-mediate with one or two other mediators.
If mediating alone ScotCoach will always allocate a lead mediator who must have a minimum of five (5) years practical experience with workplace mediation. When using co-mediation ScotCoach will always allocate at least one lead mediator. All ScotCoach mediators: hold suitable professional credentials & qualifications have qualifications in counselling, psychotherapy and/or psychological practice have experience in human resource management or have relevant knowledge and experience in employment law have professional supervision undergo continuing professional development adhere to the ScotCoach Ethical Guidelines
Common Misconceptions What follows are some of the key areas where misconceptions arise about workplace mediation and a brief overview of the best practice approach adopted by ScotCoach in its own practice. 1. The External Mediator Solves the Problem For The Parties The mediators do not impose a solution on the parties as it will be up to the employees engaged in the mediation process to arrive together at a resolution that all feel they can live with. The mediators are trained independent people whose role will be to assist the parties to identify the problems and facilitate a safe and respectful discussion and explore whether a settlement or resolution is possible. 2. Willingness to Participate All that is required initially is that the parties feel a willingness to attempt the resolution process. This does not have to mean that they like the other person or will end up liking them or befriending them, only that they are willing to enter into a frank and honest discussion of the issues in an effort to resolve them. Parties are also free to end or pause their involvement in the process at any time if they feel that they are either too distressed or lose faith in the process to arrive at a resolution. 3. The Parties Need to Be in The Same Room From The Outset If employees are initially too distressed to meet face to face with each other it is possible to conduct parts of the process using a ‘shuttle method’ whereby the parties are interviewed in separate rooms and if at any time they feel comfortable enough they can then be brought together. However it is possible to use a shuttle approach throughout the entire process if needed or a combination of approaches can be used that suits the needs of the parties and the issues involved. Parties to the process can expect to be asked to consider and discuss their needs, fears and expectations for the future and to make statements about what they believe would solve the problem and then to enter into a negotiation process to attempt to arrive at a resolution. Each person is met with individually in the first instance to confidentially discuss each person’s issues and to assess if the conflict is suitable for mediation. Once it has been assessed as suitable and the parties have agreed to proceed with the mediation the parties can then be brought together. There are no formal ethical guidelines for workplace mediation at the moment generally accepted in the UK. However there are excellent standards of mediation practice jointly defined by the US Society of Professionals in Dispute Resolution and the American Arbitration Association and are applicable to mediation generally. These guidelines have been adopted by ScotCoach and provide our clients with guidance on our commitment to maintaining very high standards of practice.
Click here to view the guidelines.  Download the full ScotCoach Workplace Mediation Fact Sheet (256kb)
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