Guidelines for staffs, the INTO and management on accessing the mediation service
Introduction to Mediation
What is Mediation
As defined by the Mediation Act 2017, s2, Mediation “means a confidential, facilitative and voluntary process in which parties to a dispute, with the assistance of a mediator, attempt to reach a mutually acceptable agreement to resolve the dispute.”
Mediation is a voluntary and confidential process for resolving disputes wherein the parties agree to resolve the issues of the dispute without recourse to the judgment of others with the aid of a mediator. Mediation is entered into by mutual consent and is solution focused. All matters discussed through the mediation process are confidential to the parties involved. Mediation requires that the parties involved enter into the process with an open mind and a willingness to listen to all points of view and is designed to assist them in working towards a better understanding of their issues.
Mediation and the Working Together Procedures
The INTO and Primary Management Bodies agreed updates to the Mediation Procedure and its application in the publication “Working Together 2024-Ag Obair le Chéile”. Mediation is an essential feature in the Staff Relations procedure at stage 3 and of the Bullying/Harassment procedure at stage 3. These procedures are intended to provide a structure and sequence to resolve difficulties in schools and involve a staged approach to resolution.
The procedures have been agreed with the INTO and Catholic Primary Schools Management Association (CPSMA), the General Synod Board of Education of the Church of Ireland, Educate Together, An Fóras Pátrúnachta, Muslim Primary Education Board, the National Association of Boards of Management in Special Education (NAMBSE) and INTO.
The Benefits of Engaging in Mediation
Positive staff relations are the key to a productive and satisfying working environment. In this regard, both management and INTO emphasise the importance of a work culture which promotes open and constructive dialogue, which facilitates issues being aired in a transparent and fair manner and which allows for difficulties to be addressed.
Benefits of mediation can include:
- Improving communication and mutual understanding;
- Improving relationships;
- Working towards finding solutions;
- Exploring positive outcomes and agreements.
Obtaining Prior Approval for Mediation
As the mediation facility is paid for by INTO and management jointly, it should be clearly understood that prior written approval for same must be obtained from INTO Head Office and from the office of the school’s patron. In order to avail of mediation, the Board of Management/employer must seek the formal agreement of the relevant Management Body & the INTO for the sanctioning of mediation within the procedures outlined in Working Together 2024-Ag Obair le Chéile, prior to initiating mediation. Any expenses incurred for mediation undertaken without prior approval will be the responsibility of the employer/Board of Management. If a Board of Management wishes to enter into a private mediation agreement outside of these procedures, they will be responsible for the cost of funding same.
Preparation for Mediation
The mediator will be appointed from a panel of agreed mediators and will have an understanding of the school setting in order to be able to comprehensively engage with the relevant parties. Upon initial contact with the Chairperson prior to being appointed the mediator will confirm they have no conflict of interest.
As part of the mediation process, Party A and Party B will be required to confirm that they will constructively participate, will be flexible in order to achieve resolution, and will abide by the recommendations of the Mediator.
How to access mediation
If Party A and Party B are agreeable to enter mediation, then they are required, in the first instance, to contact the Chairperson of the Board of management requesting mediation be put in place. In order to access mediation.
Party A and Party B will be required to supply the following background information for the attention of the mediator only:
- A brief written account of the issues involved.
- A brief written account of the initiatives taken to date to resolve matters at the informal stage, Stage 1 and/ or Stage 2 as applicable, detailing any progress made,
- Together with a general outline of the sequence of dates.
- A list of the outstanding issues and the resolutions sought by the parties
- The Chairperson is required to contact their management Body/Patron with this request.
- The Management Body and/or Patron is then required to contact INTO Head Office to agree to mediation, as mediation is a cost occurring process where the costs are split between the Management Body and INTO.
- INTO and the management Body agree a Mediator who is selected from a joint INTO/management body panel retained for this purpose.
NB Mediation expenses shall be shared on the basis of 50% each, by the INTO and the relevant management Body provided prior approval of both parties has been obtained.
Mediation Process
Once a mediation has been put in place and prior to commencing a mediation meeting, Party A and Party B must also give an indication of their agreement to constructively participate in the mediation process.
A mediator will endeavour to:
- Review all of the documentation shared with them.
- Arrange to meet with the parties and others who may be of assistance in arriving at a resolution.
- Work with the parties to enable professional relations to be established and maintained between the parties.
- Facilitate an agreed resolution.
At the conclusion of the mediation process, the mediator will provide all parties to the mediation with a short report stating the outcome of the mediation process and any agreements reached or otherwise (see Template 1C). This statement of outcome will also be issued to the INTO/Management Body/Patron as the mediator has been appointed by the INTO and relevant Management Body/Patron and so they are required to advise the relevant parties that the process has concluded and whether resolution was achieved or not. As a rule, the mediator shall seek to complete their work within 20 school days.
Finally, it is essential to understand that the success of any mediation process is dependent on goodwill, flexibility and ongoing effort among staff to reach a settlement and work towards achieving the recommendations set out in the framework for resolution. Other initiatives such as training or counselling may also be appropriate.
*“Working Together 2024-Ag Obair le Chéile” also includes the Grievance Procedure which does not provide for mediation.
