Facilitation Mediation and Dispute Resolution
Mediation is a private process where a neutral third person called a mediator helps the parties discuss and try to resolve the dispute. The mediator does not have the power to make a decision for the parties, but can help the parties find a resolution that is mutually acceptable.
The service is meant to offer help in settling small scale disputes between neighbours and friends and between those doing business together.
Both parties must live in Jersey and be able to attend the mediation in person. It will not be possible for lawyers to attend these mediations but parties will be able to bring a friend or interpreter with them to a mediation if they wish.
If one of the parties involved in the dispute is a company it will only be possible to arrange a mediation if either the beneficial owner of the company or a representative of the company, who has the authority to make a decision and agree a settlement on behalf of the company, will be available to attend mediation.
It costs each party to the mediation £50.00/hour which you do not get back if the mediation is not successful. Mediation should always be considered before legal action is taken as the success rate is fairly high.
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What mediation is and how it can help
Mediation is a way to mend relationships when there is a disagreement at work.
Mediation is held by a neutral person (a 'mediator'). The mediator is impartial. This means they do not take sides. They’re there to help everyone involved find a solution they can all agree to.
It’s not about judging who was right or wrong in the past, but looks at how to agree on working together in the future.
Mediation is a quick way to resolve disagreement at work and is:
How mediation can help
Mediation helps to mend workplace relationships by:
finding solutions that everyone agrees to
allowing everyone involved to have control of what’s finally agreed
There are many benefits of mediation. For example, mediation can help to:
- less formal
- usually not legally binding
Mediation outcomes are decided by everyone involved and can be flexible. Outcomes might include:
- reduce stress
- keep valuable employees
- avoid more formal processes, such as going to employment tribunal
- stop more grievances being raised
- avoid paying high costs, for example, employment tribunal claims
A voluntary and confidential process
If you do not want to take part in mediation, you do not have to.
Mediation is voluntary and confidential. The mediator will agree with everyone involved what information can be shared outside the mediation and how. If you do not reach an agreement, anything that’s been said during the mediation must be kept confidential and cannot be used in future procedures.
When mediation can be used
Mediation is used to resolve disagreements around workplace relationships rather than other disputes, such as pay or issues related to dismissal or conduct.
You can use mediation to resolve:
- an acknowledgement of each party’s views
- a commitment to change behaviour
- a commitment to regularly review the agreement reached
- an agreement to review policies and procedures
- an agreement to share work more fairly and provide more responsibility
- bullying and harassment
- communication problems
- personality clashes
- relationship breakdowns
Types of Problems Solved With Mediation
Anyone can suggest solving a problem through mediation. Neighbor-to-neighbor disputes or other personal issues can be resolved in a few hours without the need to initiate a lawsuit.
When litigation has commenced, it's common for courts to require some form of informal dispute resolution, such as mediation or arbitration, and for a good reason—it works. Examples of cases ripe for mediation include a:
The length of time it will take to solve the problem will depend on the complexity of the case. Somewhat straightforward cases will resolve in a half day. More complicated cases will require a full day of mediation, with the negotiations continuing after the mediation ends. If the mediation doesn't settle, either side can file a lawsuit or continue pursuing the current case.
Stages of Mediation
Many people think that mediation is an informal process in which a friendly mediator chats with the disputants until they suddenly drop their hostilities and work together for the common good. It doesn't work this way. Mediation is a multi-stage process designed to get results. It is less formal than a trial or arbitration, but there are distinct stages to the mediation process that account for the system's high rate of success.
Most mediations proceed as follows:
Stage 1: Mediator's opening statement. After the disputants are seated at a table, the mediator introduces everyone, explains the goals and rules of the mediation, and encourages each side to work cooperatively toward a settlement.
Stage 2: Disputants' opening statements. Each party is invited to describe the dispute and its consequences, financial and otherwise. The mediator might entertain general ideas about resolution, as well. While one person is speaking, the other is not allowed to interrupt.
Stage 3: Joint discussion. The mediator might encourage the parties to respond directly to the opening statements, depending on the participants' receptivity, in an attempt to further define the issues.
Stage 4: Private caucuses. The private caucus is a chance for each party to meet privately with the mediator. Each side will be placed in a separate room. The mediator will go between the two rooms to discuss the strengths and weaknesses of each position and to exchange offers. The mediator continues the exchange as needed during the time allowed. These private meetings comprise the guts of mediation.
Stage 5: Joint negotiation. After caucuses, the mediator might bring the parties back together to negotiate directly, but this is unusual. The mediator usually doesn't bring the parties back together until a settlement is reached or the time allotted for the mediation ends.
Stage 6: Closure. If the parties reach an agreement, the mediator will likely put its main provisions in writing and ask each side to sign the written summary of the agreement. If the parties didn't reach an agreement, the mediator will help the parties determine whether it would be fruitful to meet again later or continue negotiations by phone.
- personal injury matter
- small business dispute
- family law issue
- real estate dispute, and
- breach of contract
Tim HJ Rogers
A highly qualified and experienced individual who lead the transformation ‘privatisation’ of the Post Office and Ports of Jersey. Supported 4 businesses whose CEO subsequently won IoD Director of the Year. A government advisor, former Public Accounts Committee, and former Chair of the Pharmaceutical Benefits Advisory Committee. Participant in Jersey Policy Forum and lead consultant for Adapt Consulting.
• MBA Qualified Management Consultant
• PRINCE2 Project Manager
• APMG Qualified Change Practitioner
• Tutor / Lecturer for the Chartered Management Institute
• ICF Trained Coach, IoD Business Mentor, NLP Practitioner
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