Mediation FAQ

What is mediation?

Mediation is a confidential, voluntary and informal process that involves two or more parties in dispute and an impartial mediator. The mediator meets with each party individually before facilitating a joint session with all the parties.

The goal of mediation is for parties to speak with each other in an open and honest manner to try and reach a resolution that is acceptable to all parties in dispute. The mediator uses techniques to facilitate a conversation between the parties in a safe and constructive environment.

The mediator will not tell the parties what to do. Any agreement that is reached is determined solely by the parties.

Is mediation confidential?

Yes. Confidentiality is a key aspect of the mediation process. Preceding mediation, the parties sign up to an agreement not to disclose any information discussed at mediation without the prior express permission of the other parties involved. All mediation sessions - the individual or the joint sessions - are bound by this confidentiality. The mediator will not disclose information either to the parties or to the person or organisation referring the case for mediation.

In mediation cases where parties reach an agreement, they may decide to retain a written record of this agreement. The parties may choose to share this agreement with the person who has referred the case for mediation, their managers, or any other party of their choosing. However, it is up to the parties, and not the mediator, to make this decision.

All hand-written notes made during mediation, the parties' or the mediator's, will be destroyed at the end of the mediation process.

If asked by their organisation, do parties have to attend mediation?

No. Because mediation is a voluntary process, nobody can be forced to attend mediation. The parties will be given all the relevant information to enable them to make an informed decision about whether to attend mediation.

During mediation, parties are free to withdraw from the process at any stage. If parties decide not to attend mediation, Consensio will call the employer to inform them that mediation will not take place.

If you are unsure about attending mediation, please contact us to speak with a mediator who will be able to answer all of your questions.

How long will mediation last?

A mediation between two parties typically lasts a full day. This timeframe allows the parties sufficient time to explore both the issues that have brought them to mediation, as well as how they would like to move forward with their working relationship.

A mediation between three or more parties will take longer than a day. The exact duration will depend on the size of the team and the complexity of the dispute. Please contact us to speak with a mediator who will be able to answer your questions about team mediation.

Where will the mediation take place?

Mediation should take place in a neutral and private venue. Consensio has access to a number of purpose-built mediation suites across the UK. If parties feel comfortable, mediation can take place at a neutral and private venue within their workplace.

Consensio requires a minimum of two rooms for the duration of the mediation.

Who will be present at mediation?

In most cases, only the parties in dispute and the mediator are present at mediation. This is because Consensio believes that the right people to speak about and resolve their conflict are the people actually involved in it.

If parties want to bring a representative, relative or friend to mediation, this may be possible. However, this is only possible during the individual meeting with the mediator. If you wish to bring someone to the individual meeting, please inform the mediator in advance.

Who determines the outcome of mediation?

Whilst the mediator is responsible for shaping the mediation process, it is the parties who are responsible for determining the mediation outcome.

What happens if the parties do not reach an agreement?

There is no obligation on the parties to reach an agreement. If parties feel that mediation will not resolve their issues, they reserve the right to use other workplace measures or legal procedures. In legal terms, mediation is ‘without prejudice'.

Whether parties reach an agreement or not, the mediation process will remain confidential. The mediator cannot be called upon to provide evidence at any subsequent proceedings.

Who are the Consensio mediators?

Consensio's mediation services are delivered by experienced and highly professional workplace mediators. Consensio is a registered mediation provider with the Civil Mediation Council and all our mediators adhere to the European Code of Conduct for Mediators. In addition, our mediators:

• Possess professional credentials in conflict resolution and/or mediation.
• Hold academic qualifications in conflict resolution and/or mediation gained from leading Universities.
• Have extensive experience of working with Human Resources and other key stakeholders.
• Undertake continuing professional development in the field of conflict resolution and/or mediation.
• Hold regular supervision and peer feedback meetings.

Download the European Code of Conduct for Mediators (PDF, 117.1 kb)

How can parties prepare for mediation?

There are a number of ways in which parties can prepare for mediation:

• A Consensio mediator will contact you before the mediation to answer any questions or concerns you may have.
• Consensio will send you a pre-mediation questionnaire which asks you to think about what has brought you to mediation and what your goals for mediation are.
• If you would like to speak with a Consensio mediator at any time prior to your mediation session, please contact us.

How much does mediation cost?

Mediation is a cost-effective intervention. Please contact us to discuss our rates.

How do I book a mediation?

There are several ways to book a mediation:

• Call the Consenio office on 020 7831 0254
• Email Consensio at info@consensiopartners.co.uk
• Use our website to make a booking