Mediation

Without Prejudice

Mediation is a voluntary process from which any participant (including the mediator) can withdraw at any time prior to any agreed outcome having been reached.


The mediator is neutral and does not impose any view or outcome on anyone. Their role is to steer the participants towards an outcome that they all can accept.

Advantages of Mediation

The process is:


  • quick
  • safe
  • confidential
  • inexpensive or free
  • non-judgmental
  • informal
  • avoids the need for the formal alternatives including appeals and litigation

Consent

We ask every participant in a KDERC mediation to accept the terms of a Mediation Referral Agreement (this can be signed remotely).


Also, every participant is asked for their consent to a KDERC mediator helping them to resolve work issues in this way. Consent can also be given remotely, and can be withdrawn at any time.


Mediation Formats offered by KDERC

We are proud to offer a choice of the following flexible ground-breaking formats:


  • face to face meeting with the mediator (but not with each other)
  • telephone or Skype
  • the time and space offered by using our customised, secure and user-friendly apps which can be downloaded on any mobile device with an internet connection.


Sorry but we do not use messaging on networking sites for this purpose.

How it Works

Whichever format is used, the overall process involves:


  • the mediator ensuring that he/she knows all the material issues from each of the participants' individual perspective
  • the mediator setting out the ground rules of the process depending upon the format chosen
  • the mediator travels from "room to room" discussing how the issues may be resolved and, where possible, putting forward some "out of the box" thinking for consideration
  • these steps continue until the close of the mediation.

The Outcome

The majority of mediations are successful first time round provided that all participants are prepared to compromise.


KDERC mediations close when one of the following events occurs:


  • one or more of the participants (including the mediator) withdraw from the process
  • not all the participants feel able to accept the proposals put forward
  • A Mediation Settlement Agreement is signed by all the participants (in either a formal or informal agreement).


KDERC Mediation Settlement Agreements can include expressions of regret, understanding/appreciation, monitoring  and other provisions covering the need or preserving status, dignity etc.