Exactly what is mediation in the workplace and how can it help me?
Mediation is a method used to try to resolve conflict or disagreement by introducing a neutral party to negotiate an acceptable outcome to an ongoing issue. The process is entirely confidential. In agreeing to mediation an employee does not waive his/her rights to organisational due process by agreeing to participate.
It is important to add that all parties to a proposed mediation will need to be in agreement in the use of mediation as it is a voluntary option to help deal with an issue informally, that otherwise could be taken down a more formal route. It is therefore an incentive to the parties involved to try to get the best outcome in relation to their ongoing issues.
The mediators will not impose a solution on the parties involved but rather it will be up to the parties involved to arrive at a resolution that they can live with for the future. Mediators are trained independent people, whose role is to assist the parties to identify the problems, facilitate a safe and respectful discussion and to explore whether a settlement or resolution is possible. It is important to understand that the mediator remains impartial at all times, they will not have any preconceived ideas about the outcome of the process.
The process involves the parties ideally meeting together but initially this may not suit them as feelings may be running high, in which case the mediator can see the parties in separate rooms prior to the commencement of mediation proper. The parties will be invited to discuss and consider their needs, fears and expectations in an effort to find a resolution.
Each person will be seen separately to assess if the conflict is suitable for mediation, if agreed then the parties will be brought together to start the process.
It would be wrong to think that the process will always achieve a ‘win-win’ outcome. There are times when one party may feel that someone needs to accept responsibility or take the blame for this issue. Others may feel that they have unjustly been asked to accept responsibility or blame prior to mediation and will be concerned if this continues to be the case.
It is important to understand that mediation is not about glossing over the facts or the truth and that invariably one or more of the parties involved will need to take responsibility for some aspect of their behaviour or the problem.
As the outcome will be in the hands of the parties involved, no-one can predict who will take responsibility for what, if indeed anyone takes responsibility at all. It should also be understood by the parties involved that they can withdraw at any time in the process if they genuinely feel that a resolution cannot be achieved. If this occurs there would be no action or sanctions that can be taken by management about the failure to reach agreement although other remedies to the original problem may still be pursued.
The mediator maintains control of the process throughout, but it is up to the parties involved to work towards a resolution. The mediator will ensure they do this in an environment that respects the dignity of all parties present and assists in moving the process forward for all.
Power imbalance or previous threatening behaviour may leave some of the parties feeling uncomfortable; this will need to be addressed by the mediator. If anyone is feeling unduly stressed by the proceedings, then the process can be stopped.
Whether or not a resolution is reached the detail of the discussions during mediation remains confidential and all parties will be asked to agree to this in advance. The agreement should not be breached unless express permission has been given by all the parties involved.
Should a resolution not be reached the parties are free to take further action via a formal complaint or legal action. Mediators and employees cannot be compelled to give evidence in court or at any other formal investigation about issues discussed within the sessions.
If a resolution is reached a written agreement is prepared with the help of the mediator. All parties receive a copy as does the mediator, and with the consent of the parties, HR or commissioning manager.
If you think that mediation might be a useful tool in dealing with ongoing issues in your office, then we can arrange to meet with you to discuss the issues.
