Frequently Asked Questions (FAQ)

Is mediation Confidential?

Yes. Confidentiality is a key aspect of mediation. Everyone agrees not to disclose any information discussed at mediation without the prior express permission of everyone involved. All mediation sessions and communications (ie. emails) are bound by this confidentiality. The mediator will not disclose any information discussed during the mediation.

You will be encouraged to develop a written agreement during mediation.  You will jointly decide whether or not to share this document with a third party (eg. line manager or supervisor). All other hand-written notes made during mediation will be destroyed. The fact that you attended mediation is not recorded on your file.

If the case arrived to the service referred by another member of staff (ie. HR, HAFs, Line managers…), the mediators won’t share any information with the referrer other than if the case has been closed. 

do I have to attend mediation?

No. Mediation is a voluntary process. If you are unsure about attending mediation, a member of the MSD Mediation team will be available to speak with you and answer their questions and address any concerns you may have.

How long will mediation last?

Where two people are involved (parties), mediations will first meet with each person individually for an hour before inviting both of them to a joint meeting that will last up to 2.5 hours.  This typically takes a few days, depending on everyone’s availability.

Team or group mediations may take longer as more people are involved

Who will be my mediators?

We will always assign you two trained, and accredited, impartial workplace mediators who will usually be from outside your department or institute.  The mediators are members of staff who have a wide range of roles in MSD.

The mediators are impartial experts who will facilitate a conversation between two or more people who are no longer able to speak with or work with each other. 

Where will the mediation take place?

Online mediation takes place normally via Teams.

In-person mediation will take place in a neutral and private venue, either within your department or external building.  All will be decided with everyone. 

Who will be present at mediation?

The MSD Mediation Service believes that the people actually involved in conflict are the best people to resolve it. 

In most cases, only the people in conflict with each other (parties) and two mediators are present at mediation.  If you want to bring a representative, relative, or friend, this is only possible during the individual meeting and you need to inform the mediators in advance.

Who will determine the outcome of the mediation?

The parties determine the outcome. The mediators are responsible for shaping the mediation process. The mediators are responsible for shaping the mediation process and helping you talk to each other.  They will not offer advice on how to resolve the issue.

What happens if the parties do not reach an agreement?

There is no obligation on the parties to reach an agreement. If they feel that mediation will not resolve their issues, they reserve the right to use other workplace measures or University procedures. In legal terms, mediation is ‘without prejudice’. Whether they reach an agreement or not, the mediation process will remain confidential. The mediator cannot be called upon to provide evidence at any subsequent proceedings.

are the MSD Mediation Service mediators trained?

Our mediation services are delivered by MSD staff members and are professional and accredited workplace mediators who have been trained by Consensio.  They all went through a rigorous recruitment and interview process.

Are the mediators impartial?

Yes. Impartiality is one of the mediatiors’ principles and they have been professionally trained to remain impartial. The mediators won’t judge, they won’t take sides, and they won’t tell you what to do. They will facilitate a conversation with the person you are in conflict with for it to be constructive and effective to you both.

You are most likely to be assigned mediators from outside your department. You can self-refer yourself by contacting the mediation service directly i.e. it would not be organised through the HR team unless you specifically ask for their support in some way.

Can I choose the Mediators?

The MSD Mediation Service will allocate two mediators for your case. If you have any concerns or preferences regarding the mediators, please let us know and we will do our best to help you. The two allocated mediators will be most likely from outside your department. 

Do I have to tell my line manager or HR that I am participating in Mediation?

Parties don’t have to communicate to anyone that they are doing mediation. It is their choice whether they inform their teams, line managers, HR, supervisor or DGS. This decision will have to be agreed by the parties.

You don’t have to tell anyone that you are doing mediation. It is your choice who you share this with but be mindful of the potential impact on the other person involved.  If you reach an agreement at the end of the joint meeting, the mediators will ask you both to agree whether you will tell anyone or not, and what you will share.  

I am in conflict with someone more senior/junior than me, how is this managed?

Mediators are trained to manage power dynamics and ensure both of you have an equal voice in the room. The mediators’ role involves creating a safe, structured environment for discussion; it is the mediators’ job to look after everyone involved and their needs. Contact the team or your mediators if you have any concerns about this. 

I am nervous and anxious about meeting the other person

Mediators are empathic experts and are trained to help manage emotions and keep discussions respectful and constructive. They can help people feel more comfortable through room layouts, location and thorough the whole conversation. 

You will have an individual meeting to prepare for that and the mediators will support you during the whole process. The mediators will make sure you are ready to meet the other person beforehand, and be reassured mediation is voluntary, so you can stop mediation at any point. 

How do I book a mediation?

You can refer yourself or someone else by emailing the Mediation Service directly

Email us at:  mediation@ndorms.ox.ac.uk

My question isn’t listed here; who can I ask for?

If you have a question that has not been answered here, please don’t hesitate to ask us. Email to mediation@ndorms.ox.ac.uk and we will respond to you as soon as we can. We also may publish the question anonymously here as it might help clarify things for other colleagues too. 

For the purposes of the MSD Mediation Service it is up to the user of the service to share information. On the initial email that we need to open a case, we would require the following core information: name; job role (if applicable) department and email address.

During your engagement with the MSD Mediation Service, you may voluntarily choose to share sensitive or special category information, which could include but is not limited to information about your race or ethnicity, religious belief, sexual orientation, union membership, and health and sickness records. This may be shared as part of your conversations with the MSD Mediation Service. We don’t record or keep this information anywhere.

Any data you share with us will solely be used for the purposes of the MSD Mediation Service. It is a confidential, informal service designed to help people to have more constructive conflict conversations. Any information you share with the MSD Mediation Service cannot be used as evidence in any formal procedure outside of the MSD Mediation Service.

To help us evaluate and improve the MSD Mediation Service, we will also seek your feedback following the completion of your matter. Any feedback you choose to provide will be accessed only by the MSD Mediation Service Leads and anonymised/aggregated for any reporting purposes.

How we obtain your data

We obtain the majority of information directly from you at the self-referral or referral stage via email, or via a Teams call. Any staff member who refers a case only needs to provide the MSD Mediation Service with the name, email address and department details; no more information is needed.

Upon completion of your case with the MSD Mediation Service, we will seek feedback through a Microsoft Form (MSD Mediation Service feedback) via a link in an email.

Participation in the Mediation Service Feedback survey is voluntary.  The responses to the survey are collected and processed for getting feedback on the MSD Mediation Service to make sure we are giving you the best experience possible. The survey is conducted by the MSD Mediation Service lead using Microsoft Forms. 

The survey is intended to be anonymous, and all efforts have been made to ensure anonymity. Responses in the free-text questions should therefore be formulated in such a way that you do not re-identify yourself. 
For more information about how your data is being processed, click here: https://compliance.admin.ox.ac.uk/staff-privacy-policy  

How we use your data

The MSD Mediation team will treat your data in the strictest confidence and your confidentiality is really important to the team. We will process your data in line with the University Staff Privacy Notice: https://compliance.admin.ox.ac.uk/staff-privacy-policy

All notes taken during mediation by participants or the mediators are confidential and solely for use as aides-memoire during the process. Everyone (parties and mediators) agrees to destroy all notes at the end of the mediation and not keep copies in any form.

Who has access to your data

The staff members who lead the MSD Mediation Service will have access to the core data provided throughout your engagement with the MSD Mediation Service (Name/s, email, job role and department).

Any Mediator assigned to your case will also have access to your core information provided through a self-referral or referral email and any additional data you voluntarily share in your conversations with them.

As part of the MSD Mediation Service, we will provide termly and annual reporting to MSD leadership and may update other areas of the University on the MSD Mediation Service. Any data shared as part of this reporting will be redacted. You will not be identifiable in any report, presentation, or information session.

Outside of the aforementioned reporting requirements where all data will be anonymised and aggregated, we will not share your data with any other third parties, nor will your data be transferred overseas.

How we store and retain your data

Your data will be collected via: a) email; or b) in person or via teams in conversations with you. All information you provide will be stored securely in a University SharePoint that only the MSD Mediation Service Leads have access to.

All data collected during your engagement with the service will be destroyed five years after your case is closed with the MSD Mediation Service.

Contact

If you wish to raise any queries or concerns about our use of your personal data, please contact the Service Leads on mediation@ndorms.ox.ac.uk.

Further information on your rights in relation to your personal data is available on the University website.