PCM is able to undertake mediations in the workplace as long as there are two distinct offices available which provide privacy and confidentiality.
One office will be used for the actual mediation session, the second office will be used as a breakout room to conduct private discussions between the mediator and the participants.
If a mediation is uable to be held at a workplace, PCM will provide a venue for the mediation to be held at a cost to the organisation or the parties involved in a mediation.
If you would like to discuss any aspect of mediation please contact Steve Aivaliotis via email steve@proactivecm.com.au
Confidentiality and Mediations.
The reason why mediation is so successful in resolving disputes is that parties are required to enter into Mediation Agreements which covers issues to do with confidentiality.
An example of a clause contained within a mediation agreement re confidentiality is:
"The parties and the mediator will not unless required by law to do so, disclose to any person not present at the Mediation, nor use, any confidential information furnished during the Mediation unless such disclosure is to obtain professional advice or is to a person within the Party's legitimate field of intimacy, and the the person to whom the disclosure is made is advised that the confidential information is confidential"
This is one area in the mediation process whereby many parties raise concerns i.e. what will occur if one or both parties do not abide by this clause.
In a recent article written by Mr Nicholas Rudd, Ms Julia Virgo and Ms Karen Ingram from Clayton Utz Litigation and Dispute Resolution Team http://www.claytonutz.com they provide a review of a case in regards to this situation - see link below
http://www.leadr.com.au/adr-case-law-review/C%20v%20M%20%20WASC%20July%2011.pdf
The above article can be located on the leadr website www.leadr.com.au
