Mediation at work is used in numerous scenarios including to try and resolve conflict and ACAS define mediation as, “a way to mend relationships when there is a disagreement at work”.
What are the benefits of mediation?
Mediation provides an opportunity for two parties to come together with the help of a neutral third party mediator in order to facilitate a resolution that is agreeable to all. Although there is a process to go through, mediation can have a number of benefits including:
- It is quicker than going through a full formal process that can take weeks and this helps to reduce stress
- It is a cost effective way to resolve a dispute and move on rather than potentially expensive legal routes
- Mediation is confidential and run by someone impartial and this gives participants a chance to get things off their chest in a safe environment
- A mediation process is flexible rather than having to follow established policies and procedures
- If it is successful, mediation can help to maintain and improve relationships, prevent further issues and retain valued employees
- Attending mediation is voluntary and so participants are often more willing to reach a solution as they have a more open mindset
What happens during mediation?
Mediation usually has a number of stages. Typically, it will start with the appointed mediator explaining the process and either verbally or in writing agreeing a form of contract individually with each party so that they are clear on their expectations of the process, the standards of behaviour expected, confidentiality and how agreement may be reached. Each party will then have their own separate meeting with the mediator to set out their point of view on what has happened. They’ll also discuss how they feel and what they see as a resolution and the mediator will then gain agreement from both to facilitate a joint meeting. At the joint meeting, or meetings as it can sometimes take more than one to work through the issues and find common ground that enables a resolution, the mediator will first of all set out the ground rules to ensure that the meeting is positive, progressive and that each party is respectful of the other. Each individual will be allowed to recount their version of events without interruption and the aim should always be to acknowledge what has happened in the past but to work towards resolution and what will happen in the future. That shift in perspective to one that is forward looking is powerful and often helps the process to move on. Once agreement is reached then the mediator will close the process and provide a statement signed by both parties which gives particulars of the outcome and the responsibilities on each individual for its implementation. Although regrettable, not every mediation will result in a positive outcome and therefore other processes and procedures may be required to deal with the particular issue of conflict.
When is mediation appropriate or not?
Mediation can be used at any stage in an attempt to try and resolve conflict. It can be used at the outset to prevent a situation from escalating, it can be used as a recommended outcome of a grievance process or at any other stage when it would be a positive intervention. Mediation may not always be appropriate though, if the grievance relates to serious misconduct which may then result in disciplinary action then mediation would not be appropriate. Nor would it be appropriate for mediation to take place when investigations into matters of discrimination or harassment are needed. It can sometimes also be the case that the parties involved in a grievance have absolutely no desire to enter into mediation to find a resolution, as mediation is a voluntary process it would be inappropriate and counterproductive to try and force someone to engage in it.
How to put mediation into effect
Some organisations will include mediation as an optional stage in their disciplinary and grievances procedures or may even go as far as having a separate mediation policy. If a business needs to engage a mediator, then depending on their size there are a number of options. Some internal HR teams will have trained mediators who could be appointed, although an external mediator may bring a greater degree of impartiality. If you do wish to use internal mediators, then relevant training is vital and they should have no part in the dispute requiring mediation to maintain neutrality. For smaller businesses without internal HR resource, external mediators are essential and it is wise for businesses to contact a number of providers to find out the particulars of their services. Ultimately, if a dispute goes as far as ACAS then they offer a conciliation service. Conciliation works along the same lines as mediation but with a legally binding agreement at the end of the process if ACAS facilitate a resolution to a dispute. So, if you end up beyond an internal process then ACAS may become involved if an employee wants to take a matter further.
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Why not also check out our blog on a similar topic How To Handle A Grievance
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