Case study 2: Mediation

The Challenge

We were approached by a media broadcasting and production company on the brink of employment tribunal over an employee dispute citing sex discrimination.

Initially, the employee was reluctant to accept mediation and wanted to go to tribunal. However, she spoke to our mediator who fully explained the Code of Conduct and the benefits of independent mediation. After some consideration, she agreed.

Our approach - prior to mediation

Two members of the media company's senior team were involved, as was the claimant and her friend (she had asked her friend to be present to act as a sounding board).

The mediator asked each party to write a page or two explaining their position and the day before mediation, both parties were called for briefing and so that they could ask any questions they might have.

Our approach - during mediation

On the day of mediation, each party signed an agreement which ensured confidentiality, without prejudice status and established the ground rules for conduct.

Then, each party was invited to make an opening statement setting out their position. After this, the mediator asked questions to test the reality of their perceptions and expectations from both the mediation and a tribunal panel (should the case progress that far).

On occasions, the mediator had private conversations with each party, which were fully confidential. Each party felt able to speak honestly and this knowledge was used to find common ground and bring everyone a step closer to resolution.

The mediator also addressed both parties' 'needs' (different to 'wants'). Negotiations were held face-to-face and by using the mediator as an intermediary.

The results

It became clear that the employee wanted to exit the organisation and having tested her case, was no longer as comfortable with the prospect of tribunal. It was also clear that the organisation was willing to let her go and compensate her as they knew they hadn't followed employment policy - nor did they want to be exposed to negative publicity.

The claimant wasn't just interested in financial compensation. She was seeking an apology and a commitment that the company would review its maternity policy - both conditions that a tribunal could never impose. However, both were agreed to and as a result, with our help, she reduced her monetary demand.

An agreement was quickly reached - something that hadn't been possible in the previous six months. Our mediated solution ended up costing the organisation less than they'd anticipated, yet the claimant was happy. Both parties were pleased to have avoided the cost, uncertainty and inconvenience of going to tribunal.