Conflict can happen in any workplace. And when it happens it can be costly. Differences between individuals at work can lead to grievances, absence, reduced effectiveness and morale, and sometimes to loss of valuable employees. Mediation helps people who don’t see eye to eye to sort out their differences as quickly as possible.

Mediation is very successful in helping organisations identify solutions to difficult workplace disputes – out of 248 Acas mediations in the last operating year, 89% reached full or partial agreement, we also offer our expertise to train in-house mediators.

What is mediation?

Mediation usually involves an independent, impartial person facilitating discussions/agreements between parties. It is not prescriptive: parties decide their own outcomes. But what else do we know?

• Mediators are trained in a wide range of facilitation skills, mediation can be used at any stage in a grievance process.
• It is often used to deal with ‘relationship breakdowns’ between employees and/or their managers.
• Acas research suggests that to get the most out of it, you sometimes have to dig a little deeper into personal relationships and dynamics than might be comfortable. One user described mediation as “necessarily traumatic”.

Many organisations turn to Acas for help. Our specialist advisers have helped organisations of all sizes and from all sectors resolve disputes. We can also help them to develop their own mediation schemes that meet their needs and to train their employees in mediation skills.

We have developed a training course in response to demand from organisations who have used our services, to help them mediate internally, which is faster and cheaper than bringing in external bodies, and provides the key to successful mediation. Successful candidates will gain the Acas’ Certificate in Workplace Mediation (CIWM) accredited by the NOCN.

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How often and when is mediation used?

Mediation is very popular by those who have tried it (but few organisations do). The Workplace Employment Relations Study 2011 shows that although two thirds of organisation’s written disciplinary and grievance procedures referred to access to mediation only 7% of workplaces had used mediation in the last year. It also showed that the public sector are more likely to provide mediation in their policies than private sector and it is more likely to be available in unionised workplaces.

In a recent case study at Northumbria Healthcare NHS Trust, we found that:

• 9 out of ten mediations resulted in an agreement
• ¾ of those involved said they’d recommend it to a friend
• 6 out of 10 managers felt mediation helped improve their ability to manage conflict

One of the problems with mediation is that it is sometimes either used as a default position in situations not suited to it, or as a last resort when all else has failed. Our research and operational experience indicates that the sooner you think about mediation the better – in other words, always have it there as an option. But when is it a good idea to use mediation; and when isn’t it a good idea?

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The good, the bad and the unknown

Mediation is good for helping people to:

• Re-evaluate the feelings/attitudes they have for one another
• Establish safe and acceptable ways to communicate
• Identify and overcome the causes for workplace tensions – for example, over possessions, personal space or misinterpretations of language/behaviour
• Develop conflict management skills more broadly

Mediation does not work so well when:

• Financial compensation is sought
• It is used as a first resort before people have had chance to speak and work things out
• Everything else has failed
• Managers are avoiding their responsibilities – i.e. tackling poor performance
• Someone wants an allegation of bullying or discrimination/harassment to be investigated
• There is a clear imbalance of power or one party is in a very vulnerable position

Questions remain though about how to overcome some of the perceived stumbling blocks for wider take-up. A 2011 CIPD survey found that the main reasons employers are not using it is because of:

• Cost (42%)
• It undermines their ability to use disciplinary sanctions (25%)
• No clear business case (47%)
• Lack of interest from senior management (23%)

Top tips for using mediation:

1. Ensure the issue is suitable for mediation
Mediation works best in resolving relationship issues between people rather than matters of fact. For example a grievance about the way a manager spoke to someone is more suitable than a grievance about whether an allowance was payable for a particular shift. Those involved need to want to find a way forward and be willing to consider mediation as a way of resolving their differences.

2. Start the process sooner rather than later
It is unlikely that the issue will go away on its own so it’s always better to nip things in the bud and start dealing with the problem early on. Mediation can be used at any stage in a dispute but is most effective before positions become entrenched.

3. Appoint a trusted, independent mediator
Parties need to be assured that the mediator appointed won’t take sides and will work with both parties to find a solution everyone can live with if they are to feel confident about agreeing to mediation. The mediator might come from within the organisation in a larger company or from outside in a smaller one.

4. Ensure the conditions are right
Make sure separate rooms are available for both parties, that the location is acceptable to both sides and that there is enough time for solutions to be fully explored.

5. Don’t rule out options
Wherever possible let the parties agree the way forward for themselves. Try not to restrict options or prompt solutions. Try to let parties reach their own solution.

6. Don’t be disheartened if there is no immediate solution
Sometimes parties need to think things over and take time to accept that progress has been made.

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BDRC Business Opinion Omnibus (March 2016) – http://www.acas.org.uk/index.aspx?articleid=5989