Frequently asked questions on workplace mediation
What is workplace mediation?
Employment mediation is a way to resolve a conflict in the workplace with the help of an independent mediator. The mediator helps the employer and employee make agreements together and resolve the employment conflict.
When is workplace mediation necessary?
Workplace mediation is used in cases of a strained employment relationship, workplace tension, or conflicts between employer and employee. Mediation can also be employed in cases of impending absence due to stress or illness.
Is workplace mediation mandatory?
No, workplace mediation is not mandatory. Mediation is always voluntary. However, it is recommended in many situations by company doctors or HR because it is often faster and more effective than legal proceedings.
Who pays for the mediation?
In most cases, the employer pays the costs of workplace mediation. Sometimes a different agreement is made regarding this, but this is standard practice.
How long does workplace mediation take?
Workplace mediation is usually brief. Often, a few sessions are required, spread over a few weeks. The goal is to quickly create clarity and solutions.
How much does the mediation cost?
The cost of workplace mediation depends on the situation and the number of sessions. The mediator often works on an hourly rate. In most cases, the total costs are lower than legal proceedings.
What happens if the mdiation fails?
If no agreement is reached, the process may end without a solution. Subsequently, the parties can still choose to take legal action, such as engaging a lawyer or initiating proceedings through the UWV or the subdistrict court.
Should I call in sick during a workplace dispute?
That depends on your situation. In the event of stress-related complaints or a conflict, the company doctor can assess whether you are incapacitated for work. It is important to seek sound advice regarding this from the company doctor or your general practitioner.
Can I be fired during mediation?
During mediation, employment generally continues as normal. Mediation is specifically intended to find a solution without immediately proceeding to dismissal. Final decisions are only made if no solution is found.
Is workplace mediation confidential?
Yes, employment mediation is confidential. Everything discussed during the sessions remains within the mediation. This ensures that both parties can communicate openly and safely.
