Mediation
“Mediation is a process in which the parties to a dispute, with the assistance of a dispute resolution practitioner (the mediator), identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement. The mediator has no advisory or determinative role in regard to the content of the dispute or the outcome of its resolution, but may advise on or determine the process of mediation whereby resolution is attempted. Mediation may be undertaken voluntarily, under a court order, or subject to an existing contractual agreement”
The mediator acts as a neutral and independent facilitator of communication.
Workplace Mediation
Workplace mediation relates to conflict and disputes that may arise at the workplace.
Examples include:
- Conflict between co-workers
- Communication breakdowns
- Performance issues
- Disputes about application or interpretation of industrial instruments, policies, procedures
- Issues between management and an employee or employees
- Other types of grievances or workplace disputes
Sleeman Mediation
Daniel brings years of practical experience and theoretical knowledge to the table. He has a Master of Laws in Dispute Resolution and is an Accredited Mediator (NMAS). As he builds his mediation and dispute resolution practice, Daniel aspires to become one of Australia’s leading workplace relations and industrial relations conflict management and dispute resolution practitioners
The mediation process
Who comes to a mediation?
- The parties themselves
- Support persons (to provide moral/emotional support)
- Legal or other representatives may be able to attend a mediation, and this would be discussed in advance with the mediator.
Parties will be required to sign a mediation agreement before the mediation occurs. This will also deal with matters such as confidentiality.
Support persons and legal representatives will be required to sign an appropriate Confidentiality Agreement.
Duration and number of mediation sessions
Some matters will be resolved with a single mediation process. Other situations may involve multiple mediation sessions.
Mediation session lengths may vary. Speak with Daniel for more information. As a minimum though, participants in mediation should expect to set aside a minimum half day or day.
Online mediation vs. face-to-face mediation
There are times when face-to-face mediation is by far a preferable way to conduct a mediation. However, this is not always possible.
Sleeman Mediation provides online mediation and Daniel’s accreditation extends to the conduct of online mediation.
Who pays?
Mediation will typically be paid by the employer.
Where a mediation or facilitation session is being conducted between two organisations (e.g., company and union), it would generally be the company that meets those costs.
For more information on the Mediation process, visit the links below:
