Human Resources. Workplace Mediation Policy

Transcription

1 Human Resources Workplace Mediation Policy January 2013

2 Table of Contents 1. Introduction Policy Aims Definition The University of Bradford Mediation Scheme During the mediation The mediation agreement Monitoring and evaluation... 4 Appendix

3 1. Introduction 1.1 The University of Bradford recognises that encouraging positive working relationships between individuals will have a positive impact on staff well-being and staff performance. 1.2 The University of Bradford wishes to support staff and managers to work together to resolve disputes and conflicts at a local level, to ensure minimum disruption to the delivery of the University of Bradford s priorities and objectives, and to maintain high levels of morale and performance. 1.3 Mediation is proven to be an effective tool for resolving interpersonal conflicts between colleagues, managers and their staff, or conflicts between teams. 1.4 The University of Bradford s mediation scheme is an internal service, which is supported by colleagues who have been formally trained and accredited as comediators, supervisors and/or mediation scheme co-ordinators. There is a continued commitment to the on-going professional development of mediation scheme staff. 1.5 The campus trade unions are consulted with regard to the running and continued development of the mediation scheme. 1.6 Where issues cannot be resolved locally and relationships breakdown this policy has been designed to provide assistance. 2. Policy Aims 2.1 The policy has been adopted to provide individuals with an objective, impartial and confidential framework for resolving conflicts at an early stage. 2.2 This policy aims to offer an alternative first stage option for resolving conflict and also to make available a process for reconciling working relationships if this is recommended following a formal hearing. 3. Definition 3.1 Mediation can be defined as a method of conflict resolution that brings the disputants together with an objective, impartial third party in order to find a solution. 3.2 Workplace mediation is a voluntary process, and both parties have equal authority to reach agreements. During the process individuals are encouraged to identify their own solutions and agreements. 3.3 Mediators are impartial to the conflict and seek to help all parties equally. Mediators do not express opinions or make judgements about who is right or wrong. 2

4 4. The University of Bradford Mediation Scheme 4.1 The University of Bradford s workplace mediation scheme is voluntary and any individual can request an initial confidential meeting with a trained mediator. 4.2 Any request should be directed to the Mediation Scheme Coordinator(s). Requests may be made in person, in writing, via or by phone. Individuals will not be required to provide any details of the issues at this stage, only contact details. 4.3 In all cases, individual meetings will be arranged with a pair of mediators who have been trained to co-mediate. The purpose of this initial meeting will be to identify the key issues and assess if these issues are appropriate for meditation. The mediators will also be able to build trust and commitment to the mediation process. In exceptional circumstances an external mediator may be approached to conduct the mediation. 4.4 Mediation will not be recommended if the outcome is outside the authority of the parties involved in mediation or the issues relate to the University of Bradford s statutory obligations or duty of care. Also, if there is a risk to safety/well-being or if formal action has been instigated then mediation will not be recommended. 4.5 Individual meetings will be strictly confidential i and the other individuals will not be informed at this stage if there is a commitment to mediation without formal consent. 4.6 If mediation is considered appropriate, all individuals must voluntarily agree to be involved, and will be informed of their right to withdraw from the process at any time. 4.7 In order to maximise the benefits of mediation it is necessary for parties to maintain confidentiality and the University strongly encourages parties to do so. The only exception to this rule of strict confidentiality is where there is evidence of a serious breach of statutory positions, or where there is evidence of serious risk to health and safety. In these circumstances the process will be terminated and the Director of Human Resources and Organisational Development informed. 4.8 Mediators are bound by the code of confidentiality and therefore cannot be called upon to contribute to any internal University of Bradford procedure. 4.9 The mediators will contact all individuals with an initial plan for the mediation process. This will suggest the number of sessions that may be required to resolve the issues. Mediators will try to arrange initial meetings as quickly as possible Should individuals have any concerns about the impartiality of the mediator chosen, this should be raised with the Mediation Scheme Coordinator(s) ii. i See Section 4.7 ii Please see Appendix One Information for the Parties 3

5 4.11 When dealing with cases arising from the Dignity and Respect Policy, the University will endeavour to ensure that mediators reflect the gender, ethnicity and sexuality of the parties, if requested Where deemed necessary, the University will explore the commissioning of reciprocal arrangements with other university mediation providers or providers of external mediation for those situations where internal provision is not appropriate. 5. During the mediation 5.1 During the joint meeting each participant will have a chance to speak, and the mediator will help to clarify the issues that need to be addressed. Once the issues have been identified and discussed the mediator will assist the individuals to identify possible solutions. 5.2 The mediator will also seek to work with the parties on improving their communication and style of interaction. People will be encouraged to be open and honest, and express their feelings clearly to one another. 5.3 All discussions during the mediation are confidential and no information can be passed on by the mediator by either party, about any of the proceedings. 5.4 Any notes taken during the session must be destroyed at the end of the session in front of the other parties. 6. The mediation agreement 6.1 If a mutual agreement is reached, the mediators may, at the request of the parties, clarify the details in writing and all the participants may sign the agreement. Copies of any agreements will be handed to the parties involved in the mediation. The mediators will not retain copies of any agreements as these are to be retained only by those participating in mediation. 6.2 Agreement will be sought from the parties as to how to debrief others who may need to know any outcome. 6.3 If an agreement is not reached individuals may still use the formal procedures but the mediator cannot be called to participate in any resulting formal action. 7. Monitoring and evaluation 7.1 Information will be collected on a voluntary basis on gender, gender-reassignment, race, age (group), disability, sexual orientation, religion or belief and pregnancy or maternity if relevant, for equality monitoring purposes. The nature of the issue will also be recorded and without making reference to the names of the parties involved. 4

6 7.2 All parties involved in the mediation process will be sent a questionnaire, by the Mediation Scheme Coordinator(s), a month after the mediation for feedback on the effectiveness of the process. 7.3 Mediation Scheme Co-ordinator(s) will produce Quarterly Reports and anonymous equality monitoring data will be reported to Campus Unions, which will be available on request. 7.4 The Workplace Mediation Policy will be reviewed in January

7 Appendix One: Information for the Parties The following pages explain how mediation works and are provided so that, when mediation is organised, each party can be given a copy before it takes place. How does mediation work? Mediation is when an impartial, trained person helps two or more people in a dispute to talk about their situation, exchange their concerns and come up with ideas about how to move the dispute forward. What is discussed in a mediation session is confidential and there are ground rules to help people feel confident and safe enough to communicate their needs, feelings and concerns. Mediation Ground Rules These apply to the disputants and to the mediators. We ask you to: 1. Listen to what each person has to say and speak one at a time; 2. Speak and behave in a non-threatening way; think how you would like to be treated; 3. Be as open as you can about what your concerns are and what you need; 4. Be as specific as you can about what you want to happen, what you can do and what you d like others to do; 5. Stay seated and discuss any problems and doubts with the mediator request a private space with them if you feel you need to; 6. The mediator may pause the mediation or end it if he or she feels it necessary; 7. Keep the detail of what is discussed private; the mediation is confidential; notes will be destroyed at the end. The mediator(s) will: Ensure that everyone has equal opportunities to communicate (speak and listen), negotiate and work out realistic and fair agreements; Prevent name-calling, abuse or behaviour which stops people negotiating fairly; Not take sides or make decisions for you. 6

8 The Stages of Mediation A preliminary meeting with the mediator(s) will be arranged so that you can: Describe the situation from your point of view; Think clearly about ways of moving the situation forward; Get to know more about how mediation works and the benefits of using mediation to find a settlement. A face to face meeting will then be held which has five stages: 1. Describing the problem - Setting the scene hearing both sides of the situation. 2. Exploring the issues Being clear about what the important issues are, checking facts, comparing views of the problem, agreeing what issues can realistically be settled by mediation, agreeing to continue. 3. Building agreements Exploring what people want and what can be done about the situation, working through differences, managing conflict, problem solving, preparing for decisions. 4. Making agreements Testing likely outcomes, describing in detail what will happen next, future arrangements, what if something goes wrong? 5. Closure and follow-up Evaluating the session and ending the session, agreeing plans for future contact between the mediators and the disputants concerned, if needed. If you wish to record an agreement in writing your mediator can assist you to do so. This is entirely up to yourselves. Some people see a benefit in having a written agreement and others do not feel it necessary. Your mediator will discuss this further with you, together with any arrangements you might both want to make to review your agreement and check whether it is working. 7