Is there a right to accompaniment in workplace mediation? If you’re planning a workplace mediation between two or more of your staff, you might have been asked if one of them can have someone in with them.
The answer is far from straightforward. There is no right to accompaniment in workplace mediation, unlike in a disciplinary or grievance process, where it is a statutory right.
Some mediators actively discourage it unless a disability or mental health issue renders it essential to the process.
What Is Workplace Mediation?
Workplace mediation is a way of settling workplace disputes. It is typically undertaken prior to initiating a grievance process or as an alternative to it. However, it isn’t always appropriate and each case should be judged on its own merits.
It involves both sides talking openly in a constructive environment to reach a compromise and enable both parties to move on from a workplace dispute. Usually to an external person, who will establish the details of the disagreement and work with both parties to find a solution. The solution is often a compromise that both sides commit to upholding.
The process is designed to be non-confrontational and calm. A skilled mediator will facilitate an environment that enables this to be the case.
Can Someone Accompany Staff in Workplace Mediation?
There are no set statutory rules around workplace mediation. However, many mediators, including our mediators at Metis HR have a professional process that is tried and tested.
In theory, your staff could be accompanied into the mediation. However, many mediators find that this hinders the process. There would usually have to be a significant reason for an employee to be allowed accompaniment in workplace mediation. This might be a disability or mental health issue.
Why Accompaniment In Workplace Mediation Isn’t Usually Appropriate
It is crucial to acknowledge that mediation can be a delicate and emotional process for all involved. All participants must feel secure enough to express themselves openly. The presence of a third party could potentially hinder this process.
You may be uncomfortable with an outsider having access to these discussions, particularly if they involve confidential information regarding the workplace, colleagues, or clients.
There’s also the risk that a companion brought into a mediation session might inadvertently influence the outcome of the dispute. Consequently, many mediators prefer not to have uninvolved individuals present during the mediation.
The mediation process is designed to be calm, supportive, and stress free environment. If an employee feels so nervous a mediation meeting that they require a companion maybe mediation isn’t the right approach.
Case For Being Accompanied in the Workplace Mediation Process
There are some circumstances in which having a companion in the mediation process is acceptable. For example if English is a second language and an interpreter is needed; or the employee has a hearing impairment and feels that they would benefit from a BSL interpreter.
Workplace Mediation That You Can Trust
Our team of workplace mediators bring a wealth of experience to the table, consistently ensuring that mediation processes are conducted smoothly and fairly for everyone involved.
We pride ourselves on offering mediation services that are completely impartial and confidential. Our goal is always clear: to achieve a resolution that works for all.
Metis HR is here to assist. Getting the right support is essential. Act now. We can provide you with the support and guidance you need to regain control.
Call Paul on 01706 565 332 or email info@metishr.co.uk and book your free consultation.
