The joint Acas and TUC guidance on mediation

The joint guidance suggests that mediation is suited to situations where there is:

• relationship breakdown;

• personality clashes;

• bullying and harassment and perceived discrimination issues; or

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

However, the guidance also emphasises that cases of alleged bullying, harassment or discrimination must be addressed on a case-by-case basis, and that a more formal procedure may be required. In any event, since mediation is voluntary, both parties’ consent is needed.

The guidance explains 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”. Mediation is supposed to be informal, flexible, voluntary, morally binding but with no legal status, confidential and (generally) unrepresented.

Mediation 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.