What is mediation?

Most people have heard of workplace mediation. However, having delivered training to many HR professionals and Line Managers I frequently hear accounts of situations where organisations are asking HR / Line Managers to mediate between members of staff in conflict situations but the accounts I hear are not “mediations” in the true sense of the word. The individuals often have not had any formal conflict resolution training and find that they do not have the necessary skills that a mediator will possess, to manage the conflict.

A true mediation process will be carried out by someone independent and neutral. It will start with the mediator meeting separately with the parties to get an understanding of the issues and concerns from each parties’ perspective. This will be followed by a joint session where the mediator will facilitate the discussion and, using techniques such as positive reframing, explore what is behind the parties’ respective positions and try to move them towards shared interests.

Why mediate?

A grievance process is adversarial; you have two parties presenting their differing perceptions on the issues and what they believe to be the solution to the problem. You then have the Investigating Officer who considers the evidence and imposes an outcome. It can never provide a win: win situation for both parties as there will always be one party left feeling dissatisfied with the outcome. Instead of being empowered to come up with solutions the parties have little say in the outcome.

People in a conflict situation will also tend to take up fixed positions and present a perception of what the problem is but when this is explored through mediation, what is presented as the issue is not the issue at all and it is what is underneath that is important. Underneath are people’s needs and interests e.g. saving face, the need for job security etc.

In my experience, as both a workplace mediator and previously as an employment lawyer of over 11 years, where there are interpersonal issues between members of staff the grievance process will only widen the gap between the parties rather than address these underlying issues. This is then compounded by the fact that following the conclusion of the grievance process the parties are often expected to still work together.

In my view, this is where formal processes have had their day and organisations should look to explore mediation first.

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When to mediate?

Mediation can be used with great effect at any point in a conflict situation however when used at an earlier point (before a formal complaint has been raised) relationships will often suffer less damage. It is also less likely that parties will have become entrenched in their positions.

It can be used in a variety of situations. Some examples are:

• conflicting perceptions around performance;
• conflicts around communication style; and
• breakdowns in communication.

It is most commonly used where there are interpersonal issues which (if left unresolved) are likely to lead to a grievance being raised.

There are still going to be cases where mediation may not be appropriate. The most likely being where there are serious disciplinary allegations e.g. gross misconduct, a significant imbalance of power or potential safeguarding issues. Also, in situations where a party disagrees with a management decision and wants to challenge that decision, a formal determination may be required.

Mediation is also voluntary so the parties must want to engage in the process.

Other benefits

Although there will be some cases where mediation may not be appropriate it can be used in most cases and studies have shown that when it is used the success rates are very high.

Other significant benefits to mediation are:

• Cost Savings

Organisations that are regularly using mediation have found a significant reduction in the number of grievance / disciplinary cases. This, in turn, has resulted in substantial costs savings to the organisation as less senior management time is taken up in carrying out Grievance / Disciplinary hearings and appeals, speaking with Trade Union officials, solicitors and dealing with any Tribunal proceedings that might ensue.

• Reduction in staff absences

Studies have shown that unresolved conflict is one of the biggest causes of stress related absence and low productivity, due to low staff morale.

• Privacy

It preserves relationships as it allows individuals and teams the opportunity to discuss any issues in a confidential and private setting.

• Empowerment

It empowers individuals to come up with a solution to the problems.

So, the next time you become aware of a conflict in your workplace, why not consider speaking with the parties about mediation; you may be pleasantly surprised by the benefits that the process offers.

www.mediationatwork.co.uk

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