Follow-up by the Employer

Within a week after mediation has ended, it is recommended that the employer follow up with each person in confidence. In general terms:

1. Ask if the mediation process was helpful.
2. Find out if either employee requires additional support or resources to assist in implementing any agreed-upon solutions.
3. Advise that follow-up mediation sessions are available to “fine-tune” the agreement if necessary.

Monitor the situation for the first 2 months by checking in briefly with each employee every couple of weeks. Keep in mind that some backsliding is normal when people are trying out new ways of interacting with one another. If you sense that things are starting to get out of hand again, however, the situation should be addressed as soon as possible.

If No Agreement is Reached

Even if the parties are unable to reach an agreement, the opportunity to express themselves and be heard is sometimes enough to re-establish the working relationship over time.

If inappropriate behaviour continues, however, performance management measures should be implemented promptly with each employee as required:

1. Advise the employee of the expected standard of behaviour.
2. Describe the specific behaviours that do not meet the standard.
3. Indicate what changes the employee needs to make in their behaviour.
4. Assist the employee in developing an action plan for changing the behaviour.
5. Establish a timeline for changing the behaviour.
6. Offer any support or resources that the employee may need to make the required changes (eg. EAP, coaching, further mediation)
7. Clearly describe the consequences if the behaviour does not improve to an acceptable standard within the established timeline