Achieving sustainable outcomes
in Mediation processes
What is mediation
Mediation is a facilitated negotiation process with the aim of assisting disputing parties reach a settlement.
Conflict is inevitable in business, employment, and in most other relationships, mainly because as individuals and groups we have both common and conflicting interests. When conflicts boil over tensions develop and disputes emerge. This is when a mediator might assist.
01 What is mediation?
Mediation is a facilitated negotiation process where a neutral third party, the mediator, assists parties in conflict or dispute to resolve their difference. The mediator facilitates the process and the parties negotiate the outcome.
02 How does mediation differ from formal processes?
In litigation or arbitration processes a judge or an arbitrator makes a decision and the parties are bound by that decision. Mediation is a less formal process in which the parties negotiate their own solution. They are bound by their own agreement, not by the decision of a third party. Mediation is also a private process, unlike litigation.
03 What does the mediator do?
The mediator manages the process, which starts with the parties outlining what has happened that has led to the conflict or the dispute. The parties listen to one another explain their positions and interests, and the mediator then guides them through a process of exploring what has happened. The mediator initiates a process of negotiation or bargaining between the parties so that they can identify suitable solutions, with a view to reaching an agreement.
I would highly recommend Felicity to anyone looking for an effective, professional and tailored mediation service. Felicity ensured she thoroughly understood the reasons why mediation was being requested before the process.
Ms Steadman has the ability, which frankly cannot be taught, to engage with both clients on the opposing side and put both at their ease.
Your stamina and patience was very much appreciated. With your help, we managed to achieve something that I think would have taken the parties weeks to achieve.
I have mediated a wide range of disputes over many years.
These include individual employment disputes, particularly disputes of right concerning unfair dismissal, discrimination and unfair labour practices. Sometimes the mediation takes place prior to the issue of Employment Tribunal proceedings and at other times mediations have taken place after dates have been set and proceedings are in motion. I have mediated collective labour-management disputes of interest such as wage disputes.
I mediate workplace disputes in situations where the employment relationship is likely to be ongoing, but where working relationships are severely strained and dysfunctional.
My experience of mediating commercial breach of contract disputes extends to landlord-tenant disputes, particularly in times of COVID-19, and to mediating disputes referred to mediation by the Court of Appeal.
AREAS OF EXPERTISE AND RECENT EXPERIENCE
My expertise lies in working with people who have run into difficulties in their working or contractual relationships be it in the workplace, between employer and employee, between partners or shareholders, or between landlords and tenants, or parties to a commercial contract.
Allegations of racism and white fragility
Pre-grievance conflict between two senior staff members at a university concerning allegations of racism and white fragility
Allegations of dereliction of duty and hate crimes
Mediation recommended in the grievance outcome report in a matter between four health professionals in a GP surgery concerning allegations of dereliction of duty and hate crimes involving homophobia, xenophobia, racism and misogyny.
Breakdown in relationship of trust
Mediation following a period of stress-related leave taken by the PA to a well-known fashion designer where the relationship of trust and interdependence had totally broken down.
Allegations of disability discrimination
Post issue of Employment Tribunal claim in a dispute between a manager and his employer regarding allegations of disability discrimination and constructive dismissal.
Allegation of unfair dismissal
Court of Appeal claim concerning an alleged unfair dismissal relating to whether the employer or the insurer was responsible for a long term sick benefit payment.
Return to work following a period of chronic illness
Pre issue of Employment Tribunal claim in a dispute between a solicitor and her employer of 18 years over her treatment at work after her return following a period of chronic illness.
Landlord and tenant dispute
Landlord/tenant dispute concerning the termination of a tenancy agreement before the end of notice period guaranteed in terms of the Coronavirus Act 2020.
Court of Appeal proprietary estoppel dispute
Trusts of Land and Appointment of Trustees Act 1996
Dispute concerning the distribution of assets of a couple who were not married and were now separating. They had commenced proceedings in terms of the Trusts of Land and Appointment of Trustees Act 1996.
Remote mediation works effectively and efficiently. Parties can engage with me and with one another in the safety of their homes or offices, and time usually spent travelling is saved.
I have conducted many mediations using various technologies including Zoom and MS Teams. I have successfully combined the use of Zoom with face-to-face meetings to maximize the benefits of both approaches.