Mediation as set out in the Mediation Act 2017 is a
“confidential, facilitative and voluntary process in which parties to a dispute, with the assistance of a mediator, attempt to reach a mutually acceptable agreement to resolve the dispute”.
The terms of any resolution reached between the parties only becomes binding when set down in writing and signed by all parties.
A signed agreement can be enforced like any other binding contract.
How mediation is organised
Mediation may be recommended by the Complaints sub-committee as a suitable resolution for certain complaints. This will be subject to voluntary agreement by both parties.
If both the complainant and the respondent agree to mediation:
- The sub-committee will appoint a trained mediator
- The Complainant, the Respondent and Mediator will sign an Agreement to Mediate
If either the complainant or the respondent does not agree to mediation, or does not reply within 30 days, the sub-committee will investigation the complaint.
What happens during mediation?
- The Mediator may request to meet both parties separately before any mediation meeting
- If an ISL Interpreter is required to interpret the meeting (the interpreter will be agreed by both complainant and respondent in advance)
- The issues of the complaint will be discussed in detail and both parties will agree next steps
- If overall agreement is reached, mediation has been successful. Both parties will sign a mediation agreement
What happens after the mediation?
The result of the mediation will be reported to the Complaints sub-committee by the Mediator.
- If successful – the complaint should be considered closed and no further actions will be taken
- If unsuccessful – the mediator will close the mediation process and the complaint will be dealt with by the sub-committee
The Complaints and Mediation Policy sets out the process in detail.