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Mediation

In mediation, an independent and impartial third party discusses the issues in dispute with you and your employer. This is sometimes done separately, sometimes together with a view to helping you both come up with an acceptable solution.

Mediation is voluntary, so both you and your employer must agree to become involved. A mediator cannot impose their solution, you and your employer must both agree to it.

Mediation can take place at any stage in a dispute. It is generally most effective if used soon after the problem has arisen.

Mediation is not a free service, although in general the employer pays for it.

Although mediation can be part of a grievance or disciplinary procedure, it is not just for sorting out problems between employees and employers. It can also be particularly helpful where there are disagreements or personality clashes between people within a team.

Using mediation to try to resolve problems may help you to avoid the stress, and potential cost of going to an Employment Tribunal. Other possible benefits include:

• getting a better understanding of the issues
• reaching a solution on your own terms
• reaching a settlement that can include things that will not be covered in an Employment Tribunal judgment (eg getting a good reference)

Not using mediation, or failing to reach a settlement through mediation, will not affect your right to make an Employment Tribunal claim.

Mediators

Some organisations have their own trained in-house mediators. There are also commercial mediation providers.

In England and Wales some of these mediation providers are registered members of the Civil Mediation Council (CMC).

In Scotland some of the mediation providers are registered by the Scottish Mediation Register managed by the Scottish Mediation Network.

A list of registered workplace mediation providers can be found on these websites.

• Civil Mediation Council Opens new window

• Scottish Mediation Register Opens new window

These providers declare that they meet certain standards covering:

• training and practice development
• codes of conduct
• complaints handling and indemnity insurance

These are not complete lists of all providers who may offer mediation services in Great Britain.

Conciliation

Conciliation is similar to mediation. Both words describe the same process, but conciliation is normally used when there is a potential or actual claim to an Employment Tribunal, rather than more general employment problems.

• Conciliation in workplace disputes

Northern Ireland

Northern Ireland has its own separate mediation services. You can find out more about these from the nidirect website.

• nidirect employment guidance Opens new window

Where to get help

Acas (the Advisory, Conciliation and Arbitration Service) offers free, confidential and impartial advice on all employment rights issues.

• Acas Opens new window

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

• Find your local Citizens Advice Bureau Opens new window

If you are a member of a trade union you can get help, advice and support from them.

• More about trade unions

A solicitor or advice agency may be able to help you decide the best route for you

• Seek legal advice

More useful links

• The Chartered Institute of Arbitrators Opens new window

• Advice for your employer about handling discipline and grievance issues from Business Link Opens new window

Useful contacts

• Acas (Advisory, Conciliation and Arbitration Service)

• Citizens Advice Bureau

• Jobcentre Plus

• businesslink.gov.uk Opens new window

• More useful contacts