Facet Of Mediation

Good morning and thank you for Friday’s outing.

Find below the things to be covered in an Opening Statement:

i) Introduce yourself.

ii) Establish your impartiality
eg say you do not know the parties and have no interest in any particular outcome. It shows that you will be fair and promotes confidence in the process.

iii) Establish your credentials ie your training/ certification and experience. It gives them confidence that you have the skill and will be able to help them.

iv) Explain the role of the Mediator: I am not a Judge Judge and cannot force
anything or any decision
on you. I am here to
facilitate the discussion
between you and help you
to resolve your conflict.( Both the problem and solution being the parties)

v) Privacy and Confidentiality.
The process is private and confidential. It is without prejudice meaning that everything done or said here cannot be used anywhere else eg Court etc.

2nd level of confidentiality is that the Mediator cannot share information he got from party A in Caucaus with party B without consent of party A.

vi) Explain Plenary Session and Private Meetings/ Caucausing and the objective of Caucausing ie to dig deeper and enable parties to open up.

vii) Ground Rules.
These will help the process to run smoothly.

a) Order of Discussion
Mediator can ask the parties to choose who will go 1st. This helps to build consensus among them but if they don’t agree, the Complainant/ claimant will go 1st.

b) No interuptions: each party to ve their opportunity. Meanwhile, can note any thing they want to reply to or
talk abt in their notes while the other party is talking. Also use of offensive language not allowed. Only civil language allowed.

c) Length of hearing, can say in my experience, within 45 mins to 1 hour, we will ve a fair idea of whether we can settle this matter.

This is not mandatory and may be skipped.

d) Note taking.
For my guidance only, to enable me note areas I need to pursue further with parties. Not a record of this proceedings. At the end, the only record will be the settlement agreement if we settle. When we finish,I will tear my notes in your presence.

At the end, you will look at both parties and ask any questions?

If yes, you answer the questions but if not, you go into plenary session.

Mediation in Workplace conflict mediation

Work Place Conflict
Work Place Mediation is a confidential,informal voluntary process where s neutral party ( Mediator ) helps in resolving Conflicts between the employees and employer.
It is pertinent to point out that institutions ,Companies etc can resolve conflicts via this process instead of recoursing to litigation
Advantages Of. Work Place Mediation :
Preservation of relationships
Cost effective
Speedy Resolution of the matter
Through this process ,disagreements are prevented from.getting out to the public space to dent the the organisations positive attributes
WHAT IS INVOLVED IN WORK PLACE CONFLICT The people involved sit down with the mediator to discuss the conflict
The Mediator describes the purpose of Mediation and its goals
Each person gives his own view on the conflict without interruption from the other party . The mediator will not allow either party to.attack the other
The Mediator collates information by listening to all sides
The Mediator looks for a common ground for both parties towards an amicable settlement
Each party is encouraged to say what he or she will like the other to do or steps to take .
Parties reach an agreement and commit to make the changes needed to resolve conflicts
Work place can take many forms including employees grievances ,dispute between a Manager and an employee or.a personalty clash between colleagues
An unaddressed work place conflict can be a costly consequence to a business. It can diver the attention or focus from.theur day to day activity
Recognising conflict and taking an early action like Mediation can save time ,Money and stress; potentially costly disputes is avoided .
Personalty clashes are often difficult to sort out via litigation ( often refered to as grievance process in some quarters ) .
Mediation can also be applied in these instances :
Where there is perceived bullying or harrassment
Contractual disputes
Providing an Alternative to formal disciplinary grievance procedure
Rebuilding a working relationship.after s formal disciplinary / grievance process
Helping colleagues to form.effective working relationship ,where a personality clash arose
Work Place Mediation
It is instructive to note that in a work place conflict ,the Mediator works with all the parties to reach an agreed solution that is satisfactory to everyone involved

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