Lawyer Monthly - September 2022

often traumatised people. They have endured months, sometimes years of workplace conflict and are uncertain of the process and the protocols involved. Even more concerning, they may have previously been subjected to forms of mediation that have caused them lasting psychological damage. In your practice, you include a unique ‘icebreaker’ stage as part of workplace mediation. What does this entail? I have enhanced the efficacy of the ACAS system of mediation; that is individual meetings with participants, followed by a joint meeting. I refer to my career in policing as being the rationale for this unique aspect of workplace mediation. The mediation process is designed to elicit their perspective on events, rather than respond to a pre- determined agenda of my own. Creating authentic rapport, and engendering trust and confidence in my fairness, objectivity, neutrality, and independence was essential if the interview was to be meaningful. In the individual meeting and joint meeting, participants are entitled to the pastoral support of a friend or staff association representative. In the icebreaker stage, the meetings are solely between me and individual participants. We do not discuss the matters subject of the mediation; the purpose is to establish the authentic rapport I previously described. I explain my professional background and its relevance to mediation. The participant describes their previous experience of mediation and the lasting impact it has had upon them. I resolve the issues raised and signpost to them how the ACAS model of mediation will be conducted. What benefits does this offer to participants and counsel? In the feedback I get from participants and from my own direct experience, the THOUGHT LEADER 89 The key factor in developing that essential, authentic rapport is that I get to know the real person, not merely their role.

RkJQdWJsaXNoZXIy Mjk3Mzkz