Conflict in the workplace has always been a reality. A working relationship can break down for many different reasons – commonly communication difficulties, misunderstandings, misguided accusations, or something more serious such as alleged bullying or harassment.
Mediation can be used to resolve all sorts of disputes or disagreements in the workplace. It can be used in situations where a relationship may need to be rebuilt after a disciplinary or grievance process, e.g.: an employer may have not been able to uphold a grievance but there is still conflict to resolve. Or it may be used to avoid such a process in the first place, or in a situation where someone needs to re-enter the workplace after a conflict has lead to a period of sickness absence.
The Benefits of Using Mediation
There are many advantages to using mediation. The main benefits to the employer are as follows:
- To avoid the intervention of ACAS or costly tribunal proceedings
- To enable a return to a harmonious workplace
- To retain good working relationships
- To avoid further formal grievances being raised
- To avoid the loss of a potentially good employee or employees
- To provide a quicker solution which is less stressful for parties
- To avoid damage to the business reputation as it is conducted confidentially
Mediation is also hugely beneficial for the Employee, it:
- Allows individuals to start effectively communicating
- Allows individuals to have more control over a situation
- Allows participants to be open and honest
- Recognises that individuals are more likely to stick to decisions they’ve made themselves
- Is focused on the interests of the parties
- Can prevent a situation from escalating further into a larger dispute to handle
- Can enable a constructive return to a good working relationship
These in turn will benefit the Employer. Having animosity in the workplace can negatively impact on other employees as well as those caught up in the conflict. Good relationships between employees means a healthy environment and better productivity.
How Mediation Works
Mediation is a completely impartial process facilitated by a qualified and neutral mediator. It leads to an outcome which is decided and agreed upon solely by the parties who are in dispute.
Mediation is not concerned with judging who is right and who is wrong or imposing a solution that someone else thinks is best. It does not look to punish or blame; it only looks forward to the future.
It is voluntary so each person begins committed to trying to find an amicable solution as they have chosen to take part. It is flexible and it works because the parties are invested in making their own decisions to reach a satisfactory solution.
It is confidential and what is said in the meetings cannot be used in any future proceedings.
It can be used at any stage of an evolving situation but is best used early on when conflict is first identified.
What the Mediator Does
The mediator will gain an understanding of the situation that has led to the dispute and then meet with the individuals separately first to fully understand their position and interests, and what they want to happen next. By managing and facilitating the discussions, and finding common ground, the mediator guides the parties in dispute to reach a resolution.
The conclusion is reaching an agreement that is fair and lasting and suits the interests of both parties. Relationships are improved and everyone can move forward.
This may involve a review or follow up meeting to ensure that what has been agreed is working for all parties.
When Mediation May Not Work
By nature, there are no guarantees that mediation will result in a resolution that is satisfactory to both parties. It is sometimes appropriate to then switch to alternative procedures. However, even by way of opening up lines of communication, and each party demonstrating a willingness to work towards a solution, can bring worthwhile benefits to the parties and the workplace.
It is worth noting there may be situations in which Mediation is not recommended. This would usually be where a clear right or wrong decision is needed, or where legislation or the nature of the issue dictates a formal process. An example would be where a serious harassment allegation requires immediate and sensitive investigation.
How Wirehouse Can Help
Our advisers may suggest mediation as a potential solution for resolving workplace conflicts they are assisting you with. Alternatively, you might recognize emerging conflicts that could benefit from mediation. Wirehouse offers trained and accredited consultants who can facilitate this process. Feel free to reach out to us for more information.
For more HR insights please visit Wirehouse Employer Services’ website here or seek advice by contacting us directly at info@wirehouse-es.com or 033 33 215 005.
