The benefits of formal mediation in schools

Heads, pastoral staff and teachers will often find themselves handling a situation where two parties have fallen out, with apparently irreconcilable differences.

We all know what this looks like: the staff member will listen to the feelings and accounts of both parties and will attempt to find an agreement between them which will come some way to achieving a satisfactory outcome for each, or at least a workable solution. Examples of such situations include arguments between pupils, staff conflicts, parental complaints or a disagreement between a parent and child. 

Formal mediation

When a dispute becomes (or presents as) more serious, senior staff can spend significant time trying to manage the problem, and this can be draining, particularly when it can feel like a vicious circle of issues. In such cases, a school may wish to consider formal mediation.

Mediation is a voluntary, confidential, and cooperative process in which a neutral, trained mediator assists in resolving a disagreement between two or more individuals. It does not have to be a legal process. The mediator enables the parties to express their perspectives, share their feelings and concerns, and discuss potential solutions to the dispute.

Examples we have come across where this has been successful in schools have included contentious staff problems; parents and school appearing to be at loggerheads at any stage of a parental complaint; challenges from parents during exclusion and disciplinary proceedings; and pupils where serious bullying or assault has been alleged and separation plans are being negotiated. These are cases where an independent, accredited mediator can bring skills and experience to highly charged situations to find a mutually agreed resolution to the conflict.

For mediation to be successful, the participants must agree to the process and attend in good faith, demonstrating a commitment to constructive dialogue and a willingness to resolve the issue. It is a process that can be attempted at any time but is best used early on in a difficult scenario before people become even more entrenched in their positions. The process is confidential, and the mediator remains neutral, without decision-making authority. The mediator facilitates the discussion but does not impose a solution; the responsibility and control lie with the participants. The mediator is also impartial, refraining from judging or taking sides.

The mediation process

Regarding the mediation process, the mediator reviews relevant paperwork before arranging the meetings, which can be held at the school or in a neutral space. Mediation starts with an open meeting where the mediator explains their role and asks each participant to state their goals. There are clear ground rules around expected behaviour. The mediator ensures a balanced and fair conversation, allowing everyone to express their views, listen to each other, and ask questions. The mediator also asks questions, clarifies points, and occasionally challenges statements.

Once the issues are clearly understood, the mediator helps to explore potential solutions. Private, confidential sessions with each party may also be used, allowing participants to express themselves without confrontation. The mediator uses sensitive and supportive questioning to focus on feelings, relevant issues, and potential resolutions.

The outcome

Most mediations in schools are completed within a day and if an agreement is reached, it is documented and signed by all parties during an open meeting. This confidential written agreement outlines the terms agreed upon to resolve the conflict. It serves as a commitment from both parties to adhere to these terms, acts as a reference for future interactions and follow-ups, and helps to ensure that the mediation outcomes are effectively implemented, and the resolution remains sustainable.

In our experience, using mediation in schools often results in quicker and more amicable resolutions than formal procedures. It also helps to improve relationships among school stakeholders by fostering better communication and understanding.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, February 2025