The Mediation Process How
to Mediate Successfully
asaNewTeam Leader
Rita J. Bailey Nicholas MBA, Dip,
Psych, FInstLM, MABP, MCMI,
MBTI Practitioner. Rita is a
leadership development coach,
mediator and facilitator. She works
with wide range of public, charities,
and private sector organizations in the
UK and internationally. She specializes
in developing new and established
managers who want to enhance
their personal and professional
development in leadership and
communication.
Bailey_2_163513.indd 1
Rita J. Bailey Nicholas
Abstract: A practical step-by-step guide for team leaders who
want an immediate tool at their fingertips for resolving con-
flict and tricky disputes in their teams quickly. It is for newly
promoted team leaders who are interested in nipping things
in the bud before matters escalate. It provides a structured
approach to mediation in seven easy to follow steps. The
article covers the following topics: how to prepare for difficult
discussions, managing joint meetings fairly, handling upset
staff, how to ensure you do not take sides, making agree-
ments, and reaching successful outcomes for both sides. It
includes a sample structure and how to work with clarity
and confidence in simple or complex mediation sessions.
Whether team leaders are new or well established in their
role, this article will help enhance their leadership skills.
Key Words: intervention, mediation, conflict, misunder-
standings, resolution, disputes, teams
Introduction
Mediation is advocated as a worthwhile alternative
approach to dealing with disputes (ACAS, 2008) between
team members. Low-level disputes from p ersonality
clashes, communication issues, and disagreements over
different ways of working present an opportunity for
team leaders to add mediation to their skillset as a timely
tool for early intervention. With a clear understanding of
the cost of conflict (CPP, 2008) for your team, you will
want to support them when conflict arises. It is useful to
know how to set up and run a mediation s ession success-
fully. This guide presents a structured mediation process
that shows you how to mediate step by step (CIPD, 2013).
The Mediation Process
There are seven stages to follow that will help you to facil-
itate a difficult conversation between team members con-
fidently while achieving a successful and fair outcome:
1. Individual sessions,
2. Preparing for the joint mediation meeting,
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 The Mediation Process How to Mediate Successfully asaNewTeam Leader
3. Managing the joint mediation session,
4. Handling the dialogue and emotions,
5. Finding and making agreements,
6. Closure of the session, and
7. Written agreement.
1. Individual Sessions
In your role as mediator, your first action
is to approach each team member involved
in the dispute to talk through the following:
What took place,
How they feel about what happened,
How they would like to move forward,
Anxieties, concerns, and, importantly,
their expectations, and
Whether they are actually willing to par-
ticipate in mediation.
At this early stage, it helps you to do this
initial exploration with the individual, find-
ing out their perception and understand-
ing of mediation without overloading them
with information.
You can answer any initial questions.
This first conversation gives them the
opportunity to discuss concerns and what
their outcomes might be. This can actually
help to develop early clarity about the situ-
ation for the individual and yourself.
Common questions team members
ask in this first individual session are as
follows: How long will it take? What is in-
volved? Will I get a chance to talk about
my concerns? For instance, clarifying a
time estimate of how long a formal griev-
ance complaint would take and what would
be involved compared with a mediation
meeting of 23 hours that discusses the
grievance before it becomes formalized
could provide clear and concise answers
to questions while showing the benefits of
mediation. Overall, it is important to reas-
sure the individual with clear information.
2. Preparing for the Joint Mediation
Meeting
After meeting with both sides, the ground
needs to be prepared for a mediation
session if they agree to meet each other.
Check each persons readiness to meet at
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a mutually convenient time. You may need
to go back and forth a few times to assess
and build their commitment to the process
if one or both individuals still have some
doubts about participating in the mediation
meeting.
At this point, as the mediator you will
need to prepare yourself. First, consider
what was discussed at each individual
meeting. Think through any issues and
strategies you may use to support the
mediation dialogue. It is also useful to give
some thought to the meeting space.
Arranging a Meeting Space
The room you will meet in should be far
away from the usual work area and work
team. The meeting space should be private
to ensure others cannot see or hear what is
being discussed. It should have at the very
least a waiting room space where individu-
als arriving early can wait for you.
Ensure the room is set up with comfortable
chairs, a flip chart, and a few pens. Decide if
a table is needed, since it can often act as a
barrier unless it is a round table that gives the
impression of equal status to all. Make a note
of the correct pronunciations of names, and
check that the seating arrangements allow
everyone to hear and see each other easily.
3. Managing the Joint Mediation
Session
You will feel prepared for this main
three-way meeting, as the individual meet-
ings would have given you a chance to set
up a platform for a successful mediation
process to take place.
Welcome each individual to the meet-
ingas they arrive and endeavor to set them
at ease. At the same time, it is best not to
get too chatty or familiar with any one team
member even if he or she is known to you.
Remember maintaining your impartiality
is important at this early stage.
Sometimes individuals can arrive late for
valid reasons. If they arrive and see you in
friendly conversation with the person who
arrived first, it can raise questions about
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 The Mediation Process How to Mediate Successfully asaNewTeam Leader
your neutrality, compromising your efforts
to be fair.
While setting up the mediation, ask ev-
eryone to come at least 510 minutes ear-
lier so you can start on time. If anyone is
running late, they should contact you di-
rectly or you can contact them directly if
needed. Always reassure the other person
waiting. If for any reason the meeting is
cancelled, then you can advise the people
involved of the next step, and attempt to
set another meeting while remaining neu-
tral in that advice.
Sample Mediation Structure
Here is a sample structure to keep in mind
as you run the mediation session.
Welcome each person and make any nec-
essary introductions.
Explain the purpose of the mediation
meeting.
Explain your role as mediator and e mphasize
your impartial and neutral stand.
Highlight to both individuals the purpose
of the meeting: For example, consider how
to improve working relationships, meet a
specific deadline, communicate more ef-
fectively, and agree on a specific approach
to a piece of work.
Confirm to them how long the session
will take.
Remind them of confidentiality of what
is said and shared, and ask each person
to agree to the rule.
Outline clearly all other ground rules that
will help the session run successfully.
Here are a few ground rules that support
a successful session:
Ask if they agree to start the current session.
Every person listens to the others without
interruptions.
Each person speaks in turn.
Explain you will make notes.
If they arrive at an agreement, you will
write down the agreement, which they
will sign. Ensure they both get copies of
what has been agreed upon.
Check if they have any remaining ques-
tions about the mediation process.
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4. Handling the Dialogue and Emotions
One of the most challenging aspects of
mediation is handling the conversation that
ensues from both team members attempt-
ing to resolve the issues and concerns that
have caused them to come to mediation in
the first place.
Your opening statement sets the tone for
the mediation meeting. As the first person
to speak during the joint meeting, your
comments are key to how you intend to
conduct the session. This initial kick-start
to the process needs to be done effectively
by establishing your role, your authority as
mediator, and not as a line manager for the
process.
Remember, no matter how precise and
clear your opening statement is, partici-
pants may not take in all the information
you give. If they are upset, skeptical, or
nervous about the session, they may not be
listening attentively to what is being said.
Although mediation is a much used label
in the workplace (CIPD, 2013), little is still
known about it as a process. Depending on
prior experience, team members may have
negative perceptions of it. A mediation
conversation will require individuals to be
honest and take responsibility for misun-
derstandings and mistakes.
Jack, an IT project developer, had previ-
ous experience of mediation 10 years ago
when he went through a divorce and had to
arrange access to see his children. It was a
very upsetting time for me. I almost didnt
get to see my kids. So mediation in that in-
stance was not a particularly good memory
for him. Faced with mediation at work with
another project colleague, Jack was very
skeptical about its usefulness. It was only
through his team leaders encouragement
and positive handling of the process that
Jack experienced its benefits.
Agreeing on the Agenda
Because you have had individual meet-
ings with each person before their agree-
ing to the joint meeting taking place, you
have a really good idea about the areas for
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