Subsequent Action

In the event that the mediation does not arrive at a resolution or where an agreement subsequently breaks down employees are entitled to pursue further action either by making a formal complaint or taking legal action.

In this sense mediation is non-prejudicial and employees do not waive their rights to organisational due process by agreeing to participate.

It is accepted practice that employees or mediators are not required to give evidence at court or during a formal investigation about anything that has been said at any of the sessions.

Where agreements subsequently break down it is essential that a follow up process has also been agreed to during the mediation which is to be followed by all concerned, so that the conflict is not allowed to escalate again and so that the business does not experience further unnecessary disruption.

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