How Should I Prepare For The Mediation Meeting?
When you enter into mediation you are starting down a road that will have a conclusion. Mediation should reveal the strengths and weaknesses of both parties’ views, and the flexibility they are willing to show. It is a process that allows the parties to move on, whether in the same employment relationship or not.
In the mediation meeting you are participating in a structured discussion where you must be able to discuss the problem and respond to facts or comments made by the mediator or other parties.
There are no technical requirements for presenting your story. Preparation is essentially drawing the facts together so you can explain to others what happened, what your views are and what you want.
The facts you should be prepared to cover at the mediation are:
- the key cause of the difference between yourself and the other party
- any secondary matters that contribute to that difference
- what your employment relationship was like before the problem developed
- any evidence to support what you are saying
- what you are seeking, be specific if you can.
What Happens At A Mediation Meeting?
When you arrive the mediator will brief you on the process, and you are able to ask any questions or comment if any part of that process makes you uncomfortable.
The mediator will:
- introduce all the people involved
- ask each party to outline their understanding of the problem
- invite them to describe the outcome they wish to see from the meeting.
You will each be given a chance to explain your view and make any supporting documents or information available to the mediator and each other.
Be truthful about the outcome you really want. For example, if an employee
believes the working relationship is beyond repair, they might ask for a good
reference and compensation for their upset and costs. If an employer will
consider reinstatement, it’s best to say so at the start. Clearly stating your goals
will not disadvantage you.
The mediator may:
- seek additional information
- question either side further
- ask whether particular responses to the problem have been considered
- help interpret a document or legal issue
- discuss the potential risks to each party (costs, injury to reputation, reduced employee productivity, further legal action, and so on).
The mediator’s role includes:
- providing a fair process that allows parties to participate fully
- managing the group’s expectations and emotions
- focusing their attention on reaching a successful outcome.
This is not a court of law. You are not under oath and you will not be cross-examined, but you will need to explain your point of view. Information and comment exchanged during the meeting are “without prejudice” and cannot be used later in discussions about this or any other problem.
If proceedings become tense, it’s the mediator’s job to make sure things keep going smoothly.
It’s common to take a break to:
- consider how things are going
- confirm things that have been said
- consider your responses
- gather further information.
The mediator will be available to both parties to talk issues through or explain the process. Mediators are experienced in showing differences in a new light and identifying possible solutions.
The mediator will bring people back together to ensure that momentum is not lost, and encourage both parties to take a new look at their situation.
The mediator will:
- record areas of basic agreement
- identify and continue to work through areas of disagreement
- propose ways to resolve the issues.
But decisions remain in your hands unless you both choose to ask the mediator to make the decision. Giving the mediator power to decide is discussed further in section 17.
Mediation meetings vary in duration, depending on the issues and the attitudes of the parties, with an average mediation meeting taking about four hours. Where the issues are complex, more time may be needed so that all the facts and potential solutions can be canvassed.
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This page was last updated on:
04-May-2009
and is current.
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