Mediation
Under the Act, DORSP may decide on mediation to attempt to settle an issue. Once a complaint has been reviewed, it may be decided to convene a mediation conference as a means of resolving the complaint.
What is the purpose of the conference?
What is the purpose of the conference?
The mediation conference is a meeting that gives both parties the opportunity to hold a frank and open discussion about the complaint and attempts to resolve the matter through negotiated agreement. The mediation conference is not a public hearing, a court of law or a tribunal. As such, the parties do not have to prove or disprove the complaint.
What is the role of the mediator?
The mediator's role is essentially a neutral one, conducting the conference in a fair and impartial manner and giving each party an opportunity to present their point of view and assist them in resolving the complaint. The mediator's role is also to keep the parties in the conference focussed on the issues raised and help resolve the matter.
Who attends the conference?
The mediator will provide guidance as to who should attend the conference. In most cases it is not necessary for parties to have legal representation, although you may seek to have one present. Parties may have a support person who does not take an active role in the conference.
What happens at the conference?
Each party is given the opportunity to present their views, free of interruptions. The mediator assists the parties in addressing the issues raised and exploring ways to resolve the complaint. Key issues are identified with the help of the mediator and, during the discussion stage, it is generally more productive if the parties talk directly to each other in an effort to resolve the complaint. There is also the opportunity to hold private sessions between the mediator and each party to help find common ground and possible compromises to resolve the complaint.
What outcomes are possible?
Possible outcomes may include written apologies (from either or both parties), changes to working conditions, a review of working practices and/or policies, a review of grievance procedures within the workplace and monetary compensation. On resolving the complaint, it is usual for the parties to enter into a formal mediation agreement. This document will outline the agreement reached in mediation and will be signed by the parties to the complaint. The outcomes of the mediation are not binding until the agreement has been signed.
What happens if the complaint is not resolved at mediation?
Sometimes complaints cannot be resolved by mediation. In some cases it may be necessary for further inquiry/investigation into the complaint to take place. If the complaint is not meditated and no further inquiry is needed, DORSP may decide to refer the matter to the appropriate Police authorities or refer the matter for criminal prosecution. If this is the case, the respondent will be notified by DORSP in writing of this before action is taken. Alternatively, the outcomes of the conference may decide DORSP to withdraw support for the complaint.
