In the minority of cases that do not reach full resolution, a common result is to have narrowed the issues that are in dispute. Because the participants have not foregone any of their rights they may can continue to resolve the issue in other more formal ways.
Mediation has been used extensively to resolve workplace conflict brought about by:
- Allegations of harassment
- Poor management practices
- Acts of undisputed harm such as theft
- Significant gender imbalances in the workforce
This is an intake process that takes place with each participant separately. Typically the assessment takes place over a one and a half hour period in a confidential setting with the facilitator.
In exceptional circumstances we can discuss accepting payment other than by credit card. Please contact us if you like to discuss payment options other than credit card.
People who are to be interviewed are invited to bring a support person to the interview; someone they trust and feel comfortable with. Some guidelines are that:
- a support person is not an advocate and cannot answer questions on behalf of the person being interviewed
- a support person cannot be a potential witness
- typical support people are those who are a trusted work colleague or a union delegate.
We accept the following credit cards:
- Mastercard
- Visa
- American Express
- Discover & Diners
- Japan Credit Bureau (JCB)
- China UnionPay (CUP)
The following are some situations in which other ways of resolving disputes may be more suitable:
- There is a history of workplace violence which affects a person ability to negotiate
- There are problems of alcohol, drug abuse or mental illness
- The participants have not sought sufficient legal advice
- The participant’s general health is not good enough for them to assert themselves effectively in the process
Yes, although before we do so, you will be contacted to discuss your concerns as part of our commitment to ongoing quality assurance.
The information you provide to the investigator may lead to further interviews being conducted. It is extremely important that the person interviewed does not discuss your version of events or the process with anyone else.
Typically, there are preliminary assessment interviews that take place up to two hours each on separate days with each of the participants and are conducted on a separate day to the mediation. Less complicated mediations involving two participants typically take five hours to complete.
No. The course is designed for an informative and positive learning experience. Since the course is not assessable there is no requirement for a minimum number of quiz questions to be answered correctly.
The statement should include facts from your direct knowledge of the events and circumstances. Statements that are long and emotive are generally not helpful. The account should always be focused on the specific events, including details of what you witnessed (heard and/or saw) leading up to, during, and after the workplace incident(s).
Yes. School Disputes offers a training needs analysis to determine what is most suitable for you or your organization. There are some courses that are suitable for all staff members such as ‘How to have a candid conversation’. Other courses are deliberately pitched at the level of information required for managers and supervisors.
Yes. Our content is responsive across mobile, tablet and desktop.
Yes, after you have completed the last quiz of the last course lesson you are able to download your course certificate. Each certificate has a small ‘Print certificate’ at the bottom of the certificate. We have provided some instructions on how to save (print) the certificate as a PDF.
Recording an interview has two significant advantages. Firstly, it saves a great deal of time because the investigator does not have to write everything down. Secondly, it provides an accurate account of what was said. After the interview, a written summary (a précis) of relevant aspects is prepared from the audio recording and included in the investigation report.
It is a reasonable lawful workplace direction for an employer to ask an employee participate in this process. A reasonable excuse not to answer a question if the answer would disclose information which could lead to you being charged with an offence under civil or criminal law. This is known as the rule against self-incrimination. A statement or disclosure may be admissible as evidence in civil or criminal proceedings in any Federal, State or Territory court.
Documents are persuasive evidence. These include diary notes, minutes of meetings, work performance records, position descriptions, timetables and relevant policies and procedures.
There is a level of confidentiality and sensitivity around these matters. The organisation that is paying for the report will nominate their point of contact. Those who are interviewed will not receive a copy of the report.
After you have logged in, go to mySd >> Account Details to update your email address.
The course has flexible delivery and is to be completed within 60 days. The completion of the modules is self-paced. This gives you the flexibility to stop and start and even re-wind each module to suit your schedule. The e-course is to be completed within 60 days after which there is no access.
The following is a summary of how the process is conducted:
- Meet with the investigator at the prearranged time and neutral location
- The interviewer will read out some formalities about the investigation process including information about the nature of the process and the authority of the interviewer to conduct it
- The interviewee will be asked about their work history (if relevant) and then provide a version of events and any relevant information about the issues which have been raised
- The person being interviewed can request a break and consulted about what should be achieved
- At the end of the process the interviewee will be reminded of the confidentiality requirements relating to the Investigator before turning off the recorder
- A copy of the audio recording of your interview is provided via a Drop Box link after the interview
Yes. Please contact us to discuss.
Over 80% of the matters that proceed to mediation end in an agreement. A common misperception is that people who resolve matters via mediation have achieved a ‘win- win’ situation. This is true to the extent that the participants have resolved the matter without recourse to the expense and time delay of court processes.
The real test of a successful outcome is whether each participant has reached an outcome that they can ‘live with’. Another successful outcome is to reduce in the number of issues in contention by recording a statement of agreed and disagreed facts. This means that there is a clearer understanding of what issues should be resolved in a more formal processes.
An undertaking of confidentiality cannot be given. Your identity will only be disclosed to other witnesses to the extent necessary for procedural fairness.
Each participant in a dispute should take part in the mediation. If that participant is a representative of a business entity or of government then they must have full authority to negotiate and settle. In complex dispute professional advisors such as lawyers and accountants can be of considerable assistance. In less complicated matters participants are encouraged to handle the discussions themselves to avoid additional expense and to ensure they are in control of handling their affairs.
Yes. Upon completion of each module, you will receive a PDF version of your certificate of completion. The certificate records the name of the course, your name, the date of completion and the professional standards (for teachers and principals) that have been met.
Procedural fairness requires that each party is aware of the substance of the case against them (including the case of the other party if there are multiple subjects of complaint) and that person is given an opportunity to present an explanation for what has occurred.
It is not uncommon for there to be differences in negotiating power. The mediator attempts to manage those power differences by:
- Providing an unthreatening environment;
- Allowing each participant the opportunity to speak and to be heard by the other participant;
- Minimizing through informality inappropriate or intimidating behaviour;
- By taking a non bias approach and acting impartially ;and
- By not forcing any participant to agree to a settlement.
Yes, all e-courses can be sold as multiple licenses. For example, a school may wish to have all ten of their Heads of Department undertake a particular course and it is a simple task to have ten licenses purchased. Please contact us if you like to discuss your requirements.