Mediation for Employment

Workplace and Employment Mediation

Geoffrey Milton is an accredited workplace and employment mediator with a broad experience working with teams and individuals who are in conflict. We provide mediation for workplace matters and employment matters.

If you need support on a one-to-one basis, please see our Conflict Coaching information.

What is workplace mediation?

Workplace mediation takes place when a conflict has developed between two or more workers, and the employment relationship is likely to continue. The aim is to improve a working relationship that is in crisis.

When should workplace mediation be considered?

Workplace mediation should be considered in the early stages of conflict or the dispute as differences emerge, to settle them before they escalate.

Attending a workplace mediation does not take away the employee's rights to raise a grievance following the organisation's procedure or to an Employment Tribunal.

In the case of the latter the employee will need to have demonstrated they have followed internal processes and met with the ACAS early conciliation process rules.

Workplace mediation should form part of an organisation's internal procedures.

What are the Key Stages of workplace mediation?

The workplace mediation model has 5 key stages:

Stage 1 - Preparation
Stage 2 - Exploration - Private Meetings
Stage 3 - Exploration - Joint Meetings
Stage 4 - Problem Solving - Moving Forward
Stage 5 - Agreement - Commitment in Writing

What typically happens at a Workplace Mediation?

Getting ready

Our approach is to speak to everyone involved. This will be the people who have fallen out and their Line Manager as well as HR, if appropriate. We'll talk through the process, listen and get a good understanding of what the issues are. We will spend time with each person equally and everything remains confidential.

On the day

The mediation process is inclusive, fair and confidential. Nothing will be reported to HR or anyone else not directly involved with the conflict.

We will spend time working with each person on both an individual and round-the-table basis. The session may be over a whole day or series of sessions, depending on the needs of the team, business and what is more suitable for you. The session(s) may be at your place of work or at a neutral venue.

Where there are teams or individuals in multiple locations, we can facilitate a remote mediation on the same basis as above.

The aim of mediation is to agree some outcomes and a way forward. To get there, you will be involved in conversations about the issues and how you see yourself moving forward, as well as thinking about the others.

At the end of the process, we will help you put your agreement into writing so that you have a record to refer to. This will remain confidential between those involved.

After mediation

We want to ensure everyone remains on track after the mediation. In the workplace, it is important to have someone who can be on hand if you need additional support to re-engage everyone or provide clarity and guidance for better communication.

That's why we are here for you for up to 3 months following the session(s). You can pick up the phone or drop us a line on a confidential basis and we'll help you.

What is Employment Mediation?

Employment mediation will typically take place when there is a focus on the legal rights of a claim or dispute i.e. where the outcome is intended to be enforceable by law. It is usually much more commercially focused and tends to lean towards negotiation and the end result is the exit terms of employment. If unresolved the claim could be taken to an Employment Tribunal or court.

It is for this reason that managers and HR team will seek mediation as a means of resolving intractable workplace issues without incurring further costs and time and avoiding a damaging reputation for the employer and employee.

Any settlement will usually involve a settlement agreement which will involve lawyers for both parties drafting of a settlement agreement after compensation has been agreed.

Will my matter end up as an Employment Mediation or go to court?

Common elements to consider include:

Strengths and weaknesses of your case
Appraisal of alleged liability and damages
Calculating the settlement range
The costs of proceeding to tribunal
The length of time to achieve a decision through court
Knowledge and understanding of each other's positions and the effect on your own situation.

What our clients say

Arts Consultant:

❝ Geoffrey supported me when I was being made redundant by a small arts charity - the only post to go in a team of 20. It was very reassuring to have his legal knowledge but even more invaluable was having him by my side through difficult meetings; he had prepared me well and listened more attentively than my emotions allowed, intervening to get clarification and ensure that my voice was being heard.

Thanks to Geoffrey, I came through what could have been a very demoralising process with my sense of self-worth intact. ❞

Need help with what to do?

AAP has experience handling both Workplace and Employment Mediation. We are here to help you reach a speedier resolution at a fraction of the cost of using litigation or other formal procedures. Please get in touch to discuss how we can assist you.