The option of referral is always available to the mediator and the grievant. To Top of Page 5. The mediator will maintain strict confidentiality during and after the mediation process. The mediator is legally bound to protect the rights of all parties in the process. Defamation actions could arise if confidentiality is breached.
Confidentiality is also important to protect both respondent and complainant from reprisals.
The immediate action taken by the mediator will depend on the nature of the concern and will be taken in consultation with the EEO Manager. Provided the mediator has handled the grievance according to guidelines as set out above, the University will provide indemnity to the mediator should any legal action be taken. The following section is intended to provide guidance to complainants, Equal Opportunity Advisers, investigating officers and others who have a recognised genuine interest in the resolution of a complaint, eg, manager, supervisor, Dean, Head of Department. You may find that an individual is reluctant to pursue a complaint because they have unfounded fears of being sued. Protection of the parties Defamation law is concerned with protecting a person's reputation in the eyes of others.