Mediation helps to systematically identify and discuss the issues between employers and employees, and to then discuss and generate focused solutions, which may resolve hostilities and problems, develop options, and consider alternatives.
Mediation is a very safe environment for both employer and employees to talk openly and honestly through the disputes or issues that exist and are preventing a harmonious working relationship.
Although mediation is led and guided by the mediator, both employer and employees are encouraged to reach terms agreed between themselves that accommodates both their needs and their need for resolution.
*It is important to note that Lance would only mediate between an employer and an employee where Grow HR was not representing the employer.
^Mediation is not a substitute for a serious misconduct or breach of company policy investigation or disciplinary processes. It can however occur prior to, or immediately after such processes.
Generally, the mediation process works like this:
Both parties will be required to sign a confidentiality agreement so the mediation is 100% confidential and no information will be repeated to another party or employment institution*.
You also have the choice of representing yourself or having somebody to help you before and during a mediation.
Participation in mediation is voluntary so if either party isn't happy with how the mediation is progressing they do not have to continue. And, neither party can be forced into a final decision or settlement agreement.
Once an agreement has been reached between both parties, a legally binding settlement agreement is signed. If an agreement can't be reached, both parties can request that the mediator make a recommendation, which if both parties agree, will also be legally binding.
Where two employees are in dispute a memorandum of understanding would be agreed between them on how they will work together professionally and respectfully in the future.
Lance will talk through your situation, advise on next steps and how to prepare for your first mediation.