What is Mediation
EAP Assist Mediation is an initial, informal & confidential process aimed at helping employees find solutions to disputes about workplace issues. An experienced EAP Assist counsellor will work with all parties to come to an agreement to resolve the dispute during scheduled telephone & online contact. EAP Assist mediations are quick, efficient & have high success rates in resolving disputes conducted in a fashion encouraging the parties to create their own solutions.
What happens during Mediation
The key to a successful mediation is good preparation. Before mediation know the issues you want to resolve, think about solutions which everyone can agree to, get your paperwork together & contact a support person if you would like to have someone with you during any phone mediation.
Your EAP Assist counsellor may email, call & connect with the relevant parties, together or seperately, so that everyone can be heard. The mediator will explain the guidelines for mediation & what will happen. It’s important to remember the mediator will not decide the outcome, the mediator’s role is to help the parties to express their issues & agree to a resolution, while keeping an open mind about what the outcome could be. It is expected that all parties will respond to the Mediator’s requests within two working days.
Mediation outcomes are flexible & decided by the parties. Agreements reached during mediation may include an apology, agreeing to protocols, payment of money or agreement that no money is owed, crediting or debiting hours of leave, giving a work reference, returning property & anything else the parties agree to in order to resolve the dispute. Mediation may also provide an opportunity for employers to identify compliance risks & performance management issues in their business & generate ideas to address them. If no agreement is reached at mediation options may involve referral to the small claims court.
An agreement reached during mediation can be informal or formal. An informal agreement can take any form, including a simple verbal agreement to take certain steps to resolve the issues. If the parties choose to make a formal agreement the mediator may assist by drafting a Terms of Settlement document outlining what has been agreed to, what actions must be taken & when. The parties will agree to this verbally during the mediation. The Terms of Settlement document will be sent to both parties to sign.
For those registered membes who wish to adopt EAP Assist Mediation you are encourage to place a link to this page on your website consistent with your Dispute Resolution Policy. This is a free addon service available to our registered members.
To commence this process the employee is required to complete the following Workplace Mediation Agreement Form: