The joint Acas and TUC guidance on mediation

The guidance sets out that an impartial mediator “helps two or more people in dispute to attempt to reach an agreement. Any agreement comes from those in dispute, not from the mediator”. The mediator is not there to “judge, to say one person is right and the other wrong, or to tell those involved in the mediation what they should do”. The mediator is in charge of “the process of seeking to resolve the problem but not the outcome”.

The guidance explains that mediation is informal, flexible, voluntary, morally binding but with no legal status, confidential and (generally) unrepresented. It suggests that mediation is suited to situations where there is:

• relationship breakdown;

• personality clashes;

• bullying and harassment and perceived discrimination issues (although the guidance emphasises that each situation must be judged on a case-by-case basis, as cases of bullying, harassment and discrimination may need to be dealt with by more formal procedures);

• where managers are not well placed to deal with an issue because they may be perceived as biased; or

• where negotiations between union and management have broken down and both parties agree that mediation could provide a way forward.

It may not be suitable if:

• it is used as a first resort or to bypass or undermine agreed procedures for dealing with disputes;

• it is used to avoid managerial responsibilities;

• a decision about right or wrong is needed;

• the individual bringing a discrimination or harassment case wants it investigated;

• the parties do not have the power to settle the issue; or

• one side is completely intransigent and using mediation will only raise unrealistic expectations of a positive outcome.