Mediation Services
What is mediation?
Mediation provides employees, supervisors, and managers an opportunity to resolve conflicts in a less intimidating and non-adversarial environment. It is an informal process in which a trained mediator assists the parties to reach a resolution to their dispute. The mediator does not make decisions about resolution, but helps parties jointly explore and reconcile their differences. Mediation is not about right or wrong. It is a process that relies on the good faith participation of both parties.
Mediation often results in improved working relationships and more open lines of communication. Mediation can take place between co-workers, an employee and supervisor, or any individuals that want to resolve a dispute. It is voluntary, informal, impartial, and confidential. There is nothing to lose by trying it. Mediation services are available to all University of Utah faculty and staff at no charge.
If you are interested in mediation for a work-place concern, please contact Brent Potts, Mediation Coordinator, Division of Human Resources, at (801) 585-3488 or by email at brent.potts@utah.edu. Brent will answer additional questions about mediation and will assign a trained mediator for your dispute. If you are interested in mediation for a personal, non-work related concern, please contact Michelle Hawes at (801) 585-9662, or by email at garden5@xmission.com . You may also contact Utah Dispute Resolution at the Law and Justice Center at (801) 532-4841. Fees may apply for outside mediation services.
The Mediation Process:
First, both parties must agree to try mediation. At the beginning of the session, the mediator will set a few simple rules regarding confidentiality and the mediation process. The mediator or either party may stop the process at any time. Next, each party will be given an opportunity to speak, uninterrupted, about what the conflict means to him or her. Then the mediator will help all participants look at what is really important about the conflict and explore some creative ways of resolving it. Finally, if the participants decide that they can settle the dispute, the mediator helps them write down what they have agreed to.
- Both parties voluntarily agree to mediation
- The parties meet with a neutral mediator
- Each party expresses their perspective and listens to the other party's perspective
- The mediator and parties suggest options for resolving the issue
- The two parties decide on the final outcome
- The mediator drafts a document of understanding that everyone signs
- The mediator or either party may stop the process at any time
Frequently Asked Questions
Will the mediator take sides?
No. The mediator is neutral and does not determine the outcome of a case. The mediator does not decide who is right or wrong. Instead, the mediator makes sure both parties get a chance to be heard in a respectful, non-judgmental way.
If I agree to mediation, do I have to agree to a resolution I don?t like?
No. The mediator assists both parties in reaching an agreement. Both parties work together to create options and solutions that meet their needs. The mediator or either party may stop the mediation process at any time.
If the mediation is not successful, will the mediator reveal any information from the session to the University or testify about it in court?
Mediation is confidential. All parties sign an agreement to keep mediation confidential before a session takes place. The mediator cannot discuss the mediation with anyone from the University. Utah law also protects mediators from being asked to testify in court. There are a few exceptions with regards to harm to children, people with disabilities, or the elderly, and with regards to the use of a computer in committing a crime. These exceptions are explained before mediation begins.
What if I want to mediate a conflict with someone in a higher position than me?
In mediation, both parties are on equal footing and the mediator is neutral. Mediation is a process where both parties have a chance to be heard in a non-adversarial environment.
What if I want mediation and the other person doesn?t?
Mediation is voluntary. If one person chooses not to participate, mediation cannot take place.
Does this mediation program cost anything?
No. The University offers free mediation services through Human Resources. This service is available to all employees. If you choose to use a mediation program outside of HR, fees may apply.
