Mediation - What's in it for me?

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Office of Informal Conflict Management

What is mediation through the Office of Informal Conflict Management (OICM)?

Mediation is a voluntary and confidential process in which an impartial third party (the mediator) facilitates a conversation between disputing parties and offers the participants the opportunity to communicate their issues, examine their interests, and make their own decisions about how they would prefer to interact in the future.

What’s in it for me?

Mediation offers you the opportunity to:

• Re-establish trust and engage in meaningful communication
• Speak freely and openly about your needs, interests and opinions
• Learn about and understand the other person’s point of view
• Propose viable and lasting solutions to a conflict
• Negotiate the terms of an agreement

Why should I try mediation to resolve a workplace conflict?

The sooner a problem is addressed, the better the chance to resolve it. The longer it lingers, the more it can impact, not only the parties involved, but everyone around them.

When is mediation not appropriate?

Mediation can be a very productive option for managing a conflict but it may not be appropriate for all situations.

Mediation is not appropriate when:

• A party is challenging the validity of a law, policy, etc.
• There is a need to set a legal precedent
• The issue should be debated in public
• There is a potential for violence between the parties

As well, mediation is not a crisis intervention process. People who are in emotional and physical distress can contact the Employee Assistance Program at 1-800-268-7708.

When is mediation appropriate and useful?

Mediation is useful and appropriate when there is:

• A status-quo that is not tolerable for you
• An openness to explore your own solutions to your problem
• An interest in preserving and/or improving your working relationship and re-establishing trust

Mediation is a process that works best when approached in good faith. It is a process that offers an opportunity to find win-win solutions via respectful, confidential and solution-focused conversations.

Who participates in mediation?

Usually, the parties directly involved in the conflict participate in the mediation. Parties are also invited to be accompanied by their union representative, labour relations advisor or any other person who could offer moral support. It is essential that everyone who participates in this confidential and voluntary process does so in good faith. If anyone is “pressured” to participate in mediation, the conflict management practitioner will automatically halt the process.

What is the role of the mediator?

The mediator’s role is to facilitate a conversation between the parties in such a way that the parties are encouraged to listen to each other respectfully, listen for new information, clarify and discuss important issues and interests, make their own decisions and find solutions that meet all parties’ needs.

Mediators do not:

• Take sides
• Give opinions on who is right and who is wrong
• Make decisions for the parties

What is the role of the parties?

The role of the parties is to:

• Participate in good faith
• Communicate in an open and honest manner
• Try to understand the other party’s perspective
• Take responsibility for their own contribution to the issue
• Work towards finding a solution that works for everyone involved

What is the role of my union representative / labour relations advisor?

Both union representative and labour relations advisor are welcomed and encouraged to accompany you during all stages of the mediation (the initial call with a conflict management practitioner, the pre-mediation sessions and/or the actual mediation).

During all stages of the mediation process, their role is to provide support to the parties who remain free to make their own decisions on the issue or to ensure the proposed solutions are aligned with collective agreements or Public Service policies and guidelines. In a formal process, the role of the LR advisor and the union representative is to offer guidance on possible outcomes and to speak for all parties. However, in a mediation process, the parties speak for themselves while the LR advisor and the Union rep continue to provide support.

How long is a mediation process?

Mediation is a two-part process: pre-mediation and mediation.

The actual mediation is usually scheduled for a full work day to ensure that there is sufficient time to resolve the issues and complete the necessary discussions.

Pre-mediation sessions occur before the actual mediation, and usually take one or 2 hours. During pre-mediation, each party and their accompanier, if relevant, meets separately with the practitioner to talk about the conflict and their hopes for resolution. Pre-mediation provides each of the parties an opportunity to ask questions about the mediation process, prepare for the conversation and explore potential solutions.

This meeting helps parties get ready for the mediation and ensures they are well-prepared for the process.

Can the mediator decide the outcome of the mediation?

No. All conflict management practitioners are impartial third parties who do not take sides, and do not have any decision making authority. It is up to the parties to work together to find their own solutions.

Additional information for grievor regarding OICM mediation for grievances/complaints - To the attention of grievors/complainants

Is mediation useful / appropriate for solving a grievance/complaint?

Mediation is a voluntary and confidential process that attempts to resolve outstanding issues in good faith. The primary responsibility for resolving differences rests with all parties, not the mediator. Parties are free to withdraw from mediation at any time and the mediator may terminate the mediation if, in his or her opinion, the process is not helpful or is harming or prejudicial.

Mediation is a process that is “without prejudice” and does not interfere with a person’s legal/contractual rights. Also, anything discussed during the course of mediation is confidential and will not be disclosed in any subsequent legal or administrative proceeding, unless required by law.

If I choose mediation to resolve a grievance/complaint, will this limit my option to resume the grievance/complaint process at any point?

No. Participating in mediation or any other informal conflict management process will not limit your access to other formal processes such as grievances, complaints or legal options. If you decide to go to mediation, your present grievance/complaint will be put in abeyance (time lines will stop). If you do not resolve your dispute through mediation, you can resume the grievance/complaint process (time lines will start again).

How do I put the grievance/complaint in abeyance?

You and your union representative will need to write an e-mail to your manager requesting to put your grievance/complaint in abeyance in order to proceed with mediation or until you decide to go back to the grievance/complaint process.

Additional information for management regarding OICM mediation for grievances/complaints - To the attention of management

How are corrective actions addressed in OICM mediation for grievances/complaints?

With regard to corrective actions, the mediator discusses this separately with both parties (griever/complainant & management) prior to mediation to explore their flexibility, and to ensure that a resolution can be reached for each grievance/complaint issue. For example, if resolution is possible for one corrective action but not all, this would be shared with the parties prior to going to mediation so that they could decide if they would like to go forward to resolve part of the grievance/complaint through mediation.

Who has the authority to make corrective action in mediation?

Generally, management participating in a mediation of this kind has the authority to make corrective action. If this is not the case, the person with authority to make corrective action must either be physically present during the mediation, or be accessible by telephone to the manager participating at the mediation. Mediation will not take place unless the person with the authority to make decisions is present or accessible during the mediation. This will be discussed during pre-mediation.