FAQs
What disagreements can be referred to Warwick Mediation?
No conflict is too small for mediation but it is not a ‘soft option’; individuals are under pressure to find agreements to the issues under dispute. Mediators do not make decisions on the outcome; instead they facilitate the process so that the individuals themselves can reach workable and sustainable agreements.
Mediation is voluntary and so all the participants in conflict must agree to take part. We are able to offer advice on other forms of conflict resolution if one participant wishes to mediate and the other/others do not.
When is mediation not appropriate?
Mediation will not be suitable if:
- a participant wants mediation to decide on who is right or wrong
- taking part in the process could be detrimental for one or all of the participants’ health (although reasonable adjustments can be considered)
- a participant is forced to attend or refuses to engage in the process
- there is a significant power imbalance, on account of a significant or perceived status gap
- an individual raises an allegation of harassment or sexual misconduct
- an individual is experiencing any health issues that will be an obstacle to a joint meeting
- it's clear the participants do not have the remit to settle the issues.
Who else can be involved?
Representatives are not allowed in meetings as mediation relies on individuals having the capacity to represent themselves and find their own solution.
Participants can only bring a supporter to mediation if this is discussed and agreed with the mediator in advance and done in consultation with the other participant. They cannot act as representatives and speak on behalf of participants. The mediator may decline such a request to ensure that all participants are comfortable, and not intimidated, or for any other reasons. Every person participating must agree to abide to confidentiality.
If participants are already in touch with Wellbeing Advisers, Dignity Contacts, People Partners or Liaison Officers, we ask that they will be kept informed of the date of mediation meetings but not what is said in them unless all participants agree to share the outcome of any meetings with advisers.
The mediator will remain impartial and will not provide individual advice to participants and therefore we recommend drafting an agreed statement to share with any advisers for ongoing support.
Can I use other methods, such as complaints, if I have been to Warwick Mediation?
All participants who engage with Warwick Mediation will be told the process is voluntary and that it will not affect their ability to pursue other forms of resolution. There is no obligation to reach an agreement in mediation but if an agreement is reached, this can include an agreement not to pursue a formal complaint. All mediators, observers, and participants agree that anything said in mediation is confidential unless there is a risk to the participants or others (more information on this safeguarding exemption is included in the confidentiality agreement signed before mediation takes place). Participants will therefore be told that they should not include any information obtained only through mediation in any later processes. All mediators will shred their notes immediately after the mediation. We will store only anonymised data about the participants after mediation has concluded which will be used only to evaluate Warwick Mediation.
How is my data handled?
All mediators, observers, and participants agree that anything said in mediation is confidential unless there is a risk to the participants or others (which will be made clear when the confidentiality agreement is signed). Participants will therefore be told that they should not include any information obtained only through mediation in any later processes (such as complaints) or disclose anything that has not been agreed. All mediators will shred their notes immediately after the mediation. We will store only anonymised data about the participants after mediation has concluded which will be used only to evaluate Warwick Mediation.
We do not share information with anyone, including other University teams unless all participants and mediators agree, or if there is a risk to the participants or others, which will be made clear to participants at the outset.