Information & advice

Through AIMS, managers and staff of retirement and sheltered housing have an additional resource to use in resolving disputes – mediation.

What is mediation?

Mediation involves an independent and impartial third party (the mediator) who can help people in dispute to reach their own voluntary and mutually-agreed resolutions. These resolutions are not imposed by the mediator; they are decided and agreed by the disputants themselves. The mediation sessions are private and confidential, so what is said cannot be repeated outside, nor can it be used later in court, should that be necessary.

Mediation is not a legal process concerned with rules and regulations, but a common sense and practical process in which people work to find their way to a sensible solution.

AIMS successfully employs mediation in resolving disputes between residents and their landlords, managers and staff, and between residents themselves, by helping to turn a two-way fight into a three-way search for a solution.

How does it work?

There is no standard form of mediation because each case is individual. However, the process is likely to follow a similar route to this:

• An AIMS mediator is appointed to work with all those involved.
• All parties are asked to sign an ‘agreement to mediate’.
• Meetings between the mediator and the parties involved are arranged separately at first.
• Subject to agreement, meetings are then arranged with everyone together (or the mediator acts as go-between) to help people explore and decide how any conflict between them is to be resolved. The mediator can often help each side reach a greater understanding of what has gone wrong and how the other side may be feeling.
• All meetings are confidential. Nothing is written down or passed between the parties unless expressly agreed.
• The disputing parties are enabled to reach a mutually-agreed resolution.
• The mediator will help write up what has been agreed and everyone is then asked to sign the agreement.
• The mediation session is ‘closed’ but AIMS will endeavour to follow up two months later to get feedback on the service, check whether the agreement has been kept, and see if any further action needs to be taken.

AIMS does not represent any particular party in mediation, so we encourage parties to bring supporters or advocates, where appropriate. However, we believe that the parties themselves are best placed to present their interests, so we also ensure that any supporters are clear about their role.

Benefits of mediation

• Mediation can help solve a problem without offending the other party.
• Feelings and emotions can be acknowledged.
• Mediation gives individuals time and space to talk about their issues and for the other side to hear them.
• Mediation can provide an opportunity for individuals to look beyond their own version of events and to understand the dispute from a wider perspective.
• Where communication, friendship or a working relationship has broken down, mediation can help repair the damage.
• Mediation is a confidential process – all conversations that you have with the mediator will be in confidence.
• There is nothing to lose by coming to mediation, and all other options remain open.
• Difficulties can be addressed quickly and in a positive way before those involved become more entrenched and the situation worsens.
• The outcome of mediation is always within the control of the parties involved, which is empowering for older people and promotes independence.
• Mediation is generally more cost effective and quicker than if the case went to court or a tribunal.

Mediation is impartial, voluntary, mutually agreed, confidential and structured.

Mediation can be very successful in resolving disputes. For some examples of mediation in practice, see our mediation case studies.

Mediation and Complaints Procedures

Either an informal comment/request for help or the in-house complaints procedure can be used when issues or problems first arise. No matter how user-friendly the complaints procedure is, however, it is evident that positions can often become entrenched at this stage. As the process continues, parties can become defensive and communication suffers. If a dispute proceeds all the way through a complaints procedure, there are precious few choices at the end of it if the dispute remains unresolved.

Incorporating independent mediation, preferably at an early stage in the complaints procedure, or as an alternative to the procedure itself, can take the heat out of the complaint and prevent damage to communication and ongoing relationships.

It is good practice to have a complaints procedure that includes an option for mediation (as recommended by the Housing Ombudsman and the Local Government Ombudsman). Courts now actively encourage parties to consider its use prior to litigation.

Interested in mediation?

If you would like to discuss mediation in general or any particular situation, please feel free to contact us at AIMS on 0845 600 2001 or email: aims@ace.org.uk

Subscription to AIMS  entitles you to at least one free mediation, depending on the level of subscription, to help resolve disputes. Please contact AIMS for more details

[Fee for additional mediations/facilitated meetings: subscribers, £300 + VAT, non-subscribers, £400 + VAT per mediation/facilitated meeting.]

Where applicable, the following additional charges will apply:

• Travel.  Where travel is undertaken as part of AIMS service delivery, travel expenses will be charged at cost. Minimum charge £25 + VAT per AIMS staff member. Subsistence and venue costs (if venue not provided) will be charged at cost, as applicable, and agreed in advance as far as possible.

• Cancellations and Postponements.  AIMS requires at least 5 working days notice of cancellation or postponement of mediations, meetings, site visits or training sessions. Cancellations and postponements with fewer than 5 working days notice will attract a £75 cancellation charge. Travel and any other expenses already incurred will also be charged.

 

To contact us:

Address:
AIMS
Age Concern England
Astral House
1268 London Road
London SW16  4ER

Telephone:
020 8765 7465

Lo-call helpline:
0845 600 2001
(open 9.30am-4.30pm
Mon-Fri)

Email: AIMS