Mediation
Mediation is a confidential, quick and cost effective alternative to an adversarial process in which the mediator is neutral and impartial at all times.
The mediator's role is not to advise or judge but to help the parties to communicate, to see matters from the other's perspective and to help the parties to think differently about their positions and potential solutions.
Employment & Workspace Mediation
“Workplace” mediation describes mediation between two or more colleagues whose relationship is in conflict, with the aim of the parties finding a way of working together effectively in the future. “Employment” mediation takes place between parties where there is an ongoing claim—typically an employment tribunal claim—or a situation likely to give rise to one.
As a mediator, Sue's main area of focus is on Employment & Workplace mediation, drawing on the various strands of her career. These give Sue a compelling and distinguished combination of experience and skills relating to workplace conflicts, employment disputes and executive coaching, together with expertise in diversity and inclusion.
The Process Will Typically Involve
The mediator speaking confidentially to the parties and circulating a draft mediation agreement- Dealing with the formalities, including agreeing the mediation agreement
- The parties providing written summaries to the mediator and the other parties in advance of the mediation
- The mediation itself
- Sometimes some follow up work
The mediation itself will either take place remotely by video conferencing (which is increasingly common) or in person at neutral premises, such as the offices of a law firm where lawyers are instructed. Most mediations will take a full day and can often finish late into the evening. Throughout the mediation, the mediator will meet each of the parties separately and sometimes all parties will come together for a joint meeting, with everyone's agreement.
Everything discussed between a party and the mediator is completely confidential and will only ever be shared with another party with explicit consent. Nothing is binding until committed to writing and signed by all parties. The entire process is confidential and without prejudice, meaning that anything said or seen throughout the process cannot be disclosed if the matter continues through to litigation or through another formal process.
Settlement rates are very high. Over 70% of mediations settle on the day and a further 20% settle shortly after the mediation.
Mediation
"Mediation is a flexible process conducted confidentially in which a neutral person (the mediator) assists parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of the resolution."
CEDR
Centre for Effective Dispute Resolution