University Calendar for Postgraduate Students 2012/13 - Queen's ...

Policies and Procedures 89
Student Dispute Resolution Policy
1. Policy Statement
The University recognises that encouraging positive working
relationships between individuals will have a positive impact
on staff and student well being and performance. When
disputes arise, they can have a detrimental and long lasting
impact on those involved. This policy aims at providing an
expeditious informal resolution in these situations.
The University wishes to support staff and students in
working together to resolve disputes at a local level which
will ensure minimum disruption to the learning experience
and delivery of the University’s priorities and objectives. It is
clear that the earlier a dispute can be settled, the better it
will be for all concerned, and mediation and other alternative
dispute resolution techniques are an effective means of
achieving early resolution.
This Policy can be used by students who are in dispute with
University staff or other students as an objective, impartial
part of the Student Complaints Procedure to resolve a
dispute, but does not replace the informal stage of the
Procedure. Using this Policy does not preclude the use of the
Student Complaints Procedure for complaints against staff, or
the University’s right to invoke the Disciplinary Procedure for
complaints against students.
In addition, staff and students may be referred to relevant
support services (eg counselling) at any stage of the
procedure, if appropriate.
2. Resolving a Dispute
Mediation can be defined as a voluntary method of dispute
resolution that brings those in disagreement together with
an objective third party, in an attempt to find a solution on an
informal basis that is acceptable to all concerned.
The process is most effective when individuals enter
into it voluntarily, and where it enables the participants to
identify their own solutions and negotiate equally to reach
agreement. Throughout the process mediators are impartial
to the dispute and seek to help all parties equally, they do
not express opinions or make judgements about who is right
or wrong.
Process may be adopted. Where this is considered
appropriate, contact should be made with a University
Mediator to discuss whether mediation may be possible.
Where it is decided that mediation can be used, the final
decision on whether an individual wishes to take part in the
process remains their right, as does the right to withdraw
from the process at any time.
4. Where Mediation is not Appropriate
There may be circumstances where mediation would not be
appropriate, examples of which may include the following:
(i) Where the issues relate to the University’s statutory
obligations or duty of care.
(ii) Where there is a risk to safety or well being.
(iii) Where formal action has already been instigated.
(iv) Where there has been a breach of the University’s
Conduct Regulations.
5. Protocol
When a student or member of staff has contacted a University
Mediator, the following procedure shall apply:
(i) The Mediator shall arrange separate meetings with the
parties involved, normally within five working days of
the request having been received.
(ii) The initial one to one meetings shall allow the parties
to speak to the Mediator independently and to provide
them with the opportunity to relate their experience.
(iii) Where possible, all parties shall be invited to attend a
joint face to face meeting, where, with the support of
the Mediator acting as a facilitator, all parties shall work
towards a mutually satisfactory outcome.
(iv) Where possible, the Mediator shall assist the parties to
draw up a confidential agreement unless it is agreed
by everyone that it shall be shared with the University
(where for example, the agreement may include a
request for action by the University).
3. Process
Where a dispute has arisen between a member of staff and
a student, or a student against another student, either party
can approach a University Mediator through the Community
Affairs Office.
Where a member of staff in a School becomes aware
of a dispute, or is approached by an individual about a
dispute that may lead to the instigation of either the Student
Complaints Procedure or the Conduct Regulations (where
the complaint is against another student) he or she, in
consultation with the Director of Academic and Student
Affairs should consider whether the Dispute Resolution
6. The Meetings
When the meetings are convened they shall be designed to
ensure that everyone:
(i) Understands the issues.
(ii) Is asked to consider the key issues identified by the
Mediator at the initial meeting so that they are better
prepared for the joint meeting.
(iii) Understands and has confidence in the mediation
process and the Mediator.
(iv) Begins to look for solutions about the dispute in which
they have become involved.