Procedures applied by ombudspersons during mediation

Ombudspersons at WUT, in their work, rely on ethical rules and standards adopted by the International Ombudspersons Association. In the mediation process at WUT, they follow regulations and procedures identified as key for mediators, i.e.: confidentiality, mediator’s neutrality and impartiality, and the parties’ voluntary participation in mediation. 

Reporting

Every person concerned can report (in the spoken or written way) that they experience unequal treatment (discrimination, including harassment and mobbing) to the ombudsperson or University ombudsperson.

The report should include:

1. Description of action or behaviours which in the opinion of the person concerned constitute unequal treatment (discrimination, including harassment and mobbing);
2. Name and surname of the person or persons who in the opinion of the person concerned are responsible for the unwanted behaviour;
3. Proof that the unwanted behaviour or action took place. 

In case of a spoken report, the ombudsperson shall draw up a written report, covering all elements that the written report of the person concerned should include. 

Mediation stages 

The mediation proceedings should start within 10 days of reporting the problem. The ombudsperson begins the procedure by meeting the parties. They recognise the problems, diagnose the type of conflict, take the decision whether the case should undergo mediation and after the consent of the parties and approval of the person running the proceedings, they initiate mediation.

Stage I of mediation: individual meetings with each party during which the ombudsperson formally presents to the parties the rules of mediation, their regulations and legal consequences of the problem. The parties present to the mediator their point of view of the conflict and way of solving it.

Stage II of mediation: direct mediation meetings in which the parties work out on their own the best solutions with the communicative support of the mediator. The mediator helps the parties to formulate the agreement in writing to make it specific, in line with the Polish legal regulations (not trying to circumvent them) and with the policy related to the Warsaw University of Technology social responsibility.

At the mediation stage it is possible to conduct so-called indirect mediation sessions, i.e., the parties mediate through the mediator who informs the parties about their expectations towards each other.

Stage III of mediation: the parties sign the agreement worked out by them with the help of the mediator. The mediator draws up a few copies, one for each party and one for archiving purposes.

The ombudsperson is obliged, also for archiving purposes, to make a report on mediation (its form should be in line with generally applicable mediation rules, see: court mediation). The report is made even if an agreement is not reached.

 Conclusion

Mediation should be concluded within 3 months of the date of the report (it may be extended if this should facilitate amicable solution of the case).

In case of no solution by mediation or if the person concerned does not see the possibility of mediation, they may submit a complaint within 14 days of the end of the mediation to the: Rector, Vice-Rector for General Affairs, and in case of students and doctoral students to the Vice-Rector for Student Affairs, Vice-Rector for Research or Vice-Rector for General Affairs, which starts the formal (disciplinary) procedure.

If the case is not solved in mediation, the ombudsperson shall provide the parties with information on legal regulations on prevention of discrimination at WUT and informs of persons who could conduct further proceedings.