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What is workplace mediation?Workplace mediation, as conducted by Adelaide Workplace Mediation, encompasses a voluntary and confidential dialogue among the parties in the conflict. This conversation is expertly guided by an impartial mediator. The primary objective of workplace mediation is to empower participants to reach a resolution of their dispute through well-informed, mutually agreeable decisions.
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Are things said during mediation confidential?Every participant is required to sign a Mediation Agreement with the Mediator. In certain circumstances, Human Resources personnel or senior management may receive general notification of the mediation process having occurred. Agreements reached may be shared as part of the process. However, any sharing of information is conducted transparently and is contingent upon prior consent from all participants before engaging in substantive discussions.
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Is workplace mediation mandatory?No, workplace mediation is voluntary. The involved parties retain the choice to opt out of participation at any stage or decide not to engage in mediation altogether. It's important to note that certain employers may mandate mediation as a prerequisite for returning to work or as a condition of employment.
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What about my union or legal representation and advice?Regarding union or legal representation, you have the option to seek legal counsel at any point during the mediation process, either through phone consultations or during scheduled breaks. However, in most cases this is not required. In some instances, the mediator may permit lawyers to be physically present in the room if it is deemed suitable and necessary. Prior to making any such arrangements, your mediator will hold discussions with both parties to ensure mutual agreement and understanding regarding the presence of other professionals.
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What is the duration of a mediation session?It's important to allocate sufficient time for each session. Initial intake sessions typically span up to an hour, while each subsequent mediation session is scheduled for a block of two to three hours.
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What sort of things will I be expected to do?After signing the agreement to mediate, both parties will work with the mediator to: Explain your situation. Set the mediation agenda. The mediation sessions are tailored around what you want and need to discuss, you need to prepare for this in advance. Agree on the issues that you need to discuss. Decide the priority of the issues. Some issues are more pressing than others and need to be resolved first. Set time scales to deal with the matters. Clarify the issues: sometimes, it is not certain what matters are really in dispute, and clarifying these avoids future misunderstanding. Consider whether any other specialists might be able to help you. Find common ground. Look at the various options and reality test those options. Arrive at the option that best suits both of you.
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How can I be assured the process is fair?The participation of both parties is a fundamental prerequisite for mediation to commence, and either party has the right to discontinue the process at any point. Our mediators strictly adhere to impartiality, meaning they do not favor either side and maintain neutrality throughout the proceedings. While mediators do not provide direct advice, they may offer information and clarify key considerations. It's important to note that mediators do not make decisions on your behalf; their role is to facilitate productive discussions between the parties involved.
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Do I need to sign anything before we start?Adelaide Workplace Mediation advises the parties that we require an 'Agreement to Mediate' to be signed. Rarely does anyone object. We will generally send you a copy when confirming your joint session and ask that you review it and let us know if you have questions or concerns. The agreement offers assurance to the parties involved. Having a written commitment to confidentiality helps ensure compliance and the parties' breaching the trust essential to successful mediation.
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How much does mediation cost?As stipulated in our service fee structure, mediation services provided by Adelaide Workplace Mediation are subject to a predetermined fixed fee, which is transparently communicated prior to the commencement of the mediation process. The specific fee may be contingent upon the nature of the dispute and the number of participants involved. In most cases, it is customary for the employer to assume responsibility for covering the mediation costs.
FREQUENTLY ASKED QUESTIONS
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