Keep it flexible and trust the mediator

A recent employment mediation I conducted transitioned into a workplace mediation and successfully settled - but not before one of the lawyers said of the process: “That’s not how I was trained”.

Workplace mediation typically takes place at an early stage in a conflict, between people who work together, and where there is still potential for a future working relationship. Employment mediation takes place more often when future working relationships are unlikely, and terms of separation are being negotiated between the employee and the employer.

The mediation process will be different in workplace cases and employment cases, the former usually being sessional over a number of days with a good many joint meetings, the latter often a single day, as with most commercial disputes.The principles of mediation remain the same though: voluntary, self-determination, confidential and without prejudice, an impartial third party managing the process and parties determining the outcome.

The key to successful mediation is to keep it a flexible process, tailored to the people and the circumstances. The mediator is the process specialist. So, don’t be hide-bound by the training; certainly debate the process with the mediator, but ultimately trust her to get it right.