Speakers Janice McLeay and Paul McLeay examine the dynamic of the support person at mediation and share their approach to help attendees use support persons in mediation to best advantage

1. SUPPORT PERSONS
Resolution institute
24 May 2018

2. The information we provide is general in nature and
should not be considered to be rules or necessarily
comply with the national accreditation standards.
We present to you from our perspective of workplace
mediators and investigators. We hope the examples we
use from our experience are relevant and portable or
relatable to the jurisdiction in which you practice.

3. Janice and Paul McLeay

4. What would we look for in a
support person?

5. The role of the support person

6. Local Government Industry Guidelines On Workplace
Investigations says
During fact finding interviews, union representatives
and support persons should not:
• Advocate on behalf of the interviewee;
• Answer questions on behalf of the interviewee;
• Investigate;
• Interfere with or obstruct the investigation process.

7. Who can be a support person

8. NSW Local Government Award
35(i) Grievance and Disputes
At any stage of the procedure, the employee(s) may be
represented by their union or its local
representative/delegate and the employer
represented by the Association.
36A(iv) Disciplinary Process
An employee shall be entitled to request the presence
of a union representative and/or the involvement of
their union at any stage.

9. When (and how) to say ‘no’ to a
nominated support person

10. Private sessions – with or without
the support person?

11. Dealing with a support person who
tries to have an active role

12. Does it make a difference to the
outcome?

13. Summary

14. • Welcome the support person as you would other parties
• The support person is present to provide emotional support, not to
be an advocate or interfere in the process
• The party may request a break in the meeting to discuss any issues
arising with their support persons
• It is OK to not allow specific people to be support people
• All matters discussed in the meeting are confidential and it is
therefore inappropriate for anyone present at the meeting to discuss
any matters raised in the mediation with any other persons, or reveal
the information in any other manner
• If the support person is also an employee, they should be put on
notice that any breach of confidentiality my be treated seriously

15. www.janicemcleayconsulting.com.au