Because successful mediation requires an agreement, it is should be written. No record of the proceeding itself is customary. Investigatory processes generally require some note-taking and assembling of a record. Where the complaint involved is one that the employer has a statutory obligation to address, like complaints of sexual harassment, a record of the investigative process, including conclusions and recommendations, should be maintained. For other complaints, it is generally preferable not to maintain records.
Most ombudsmen take no more notes than necessary to avoid creating a record.
That way, there is no record to be used or subpoenaed. Customarily, in grievances involving discipline and discharge, the burden is on the supervisor to show that the penalty imposed was deserved and reasonable. On the other hand, if the grievance is over the application or interpretation of another rule or policy, it makes sense to place the primary burden of proof on the grievant to show some kind of abuse. The purpose of a dispute resolution process is not to substitute the judgment of a fact finder, ombudsman, mediator, or an adjudicator for the judgment call of a supervisor or manager. While a good dispute resolution process holds management accountable for its decisions, it is not a substitute for good management.