Mediation and Conflict Resolution
Workplace Mediation is a confidential and informal way to resolve disagreements or disputes between people who work together. The process is facilitated by a trained and experienced mediator. This works by enabling the parties to speak to each other in a safe environment, to share their own perspective about the issues as they see them, listen to each other, and explore and agree practical actions to achieve a mutually acceptable outcome. We also develop individual strategies to build confidence in dealing with difficult situations to avoid similar issues arising in the future. The dispute could be between two or more people.
Voluntary
It can only work if all parties agree to participate in mediation and have a genuine desire to find a resolution through dialogue and listening to other perspectives.
A means for reaching agreement
The parties are encouraged to talk through their issues, concerns and impacts with the mediator, and then jointly to establish the areas that need to be explored more fully together. The mediator will encourage open communication, and developing mutually acceptable ideas and options to reach a point where the parties feel they can move forward together.
Confidential
The process is carried out on the basis of agreed confidentially between the parties and the
mediator. An exception would be if issues of harm to self or others, matters of serious misconduct, or potentially criminal actions were raised. The content of discussions undertaken during mediation is not fed back to Human Resources or managers, nor is it recorded on the employees’ personnel file. However, if the parties feel it may be helpful to share some, or all, the agreed action points with their manager, they may do so if this is mutually agreed.
Quick
Mediation is intended to resolve issues at the earliest opportunity to avoid lengthy formal processes. It is normally undertaken, and completed in one day.
Dispute which can be resolved through workplace mediation
- Communication issues
- Personality clashes
- Unresolved or ongoing grievance issues or complaints
- Perceived discrimination, harassment or bullying
- Differences of working style or approach
- Inappropriate use of power, status or position
The mediators role
The mediator is an independent and impartial facilitator. They will not take sides, judge what is right or wrong, or tell anyone what they should do. They coordinate the process by making sure that each party has an equal voice, is heard and feels able to respond. They will check that the parties are entering into mediation voluntarily, and will advise, and seek, agreement to the ‘ground rules’ to ensure that the process is conducted professionally and respectfully between all parties throughout. Ground rules include confidentiality, respectful behaviour, listening to each other and being patient
The mediator will encourage the parties to discuss their issues of concern and help them look for realistic solutions. Where agreement to actions has been reached by the parties, the mediator will draw up an agreement which will be shared and signed by both parties for future reference.
The parties can talk to the mediator openly because nothing will be shared more widely without the express agreement of that person. Confidentiality will be maintained at all times – with the mediator and between the parties.
The mediator will not:
- Take sides
- Judge what is right or wrong
- Tell anyone what to do
The mediator will:
- Ensure each party is willing to undergo mediation
- Establish ground rules and ensure they are followed
- Encourage the parties to discuss their issues or concerns
- Help look for realistic solutions
- Assist the parties draw up a mutually acceptable agreement
How mediation works
Separate meetings with the parties
Following a pre-mediation telephone call with the parties to confirm details of the process and answer any initial questions, the mediator will meet with the parties in person individually to:
- Explain the mediation process, the ‘ground rules’, including confidentiality, and the role of the mediator
- Explore the core issues looking at different perspectives and possible ways forward
- Prepare for the joint meeting.
Separate meetings with the parties
The mediator will remind both parties about the ground rules and seek their agreement to uphold them. Both parties will have ‘uninterrupted time’ to talk through the key issues as they see them, and an agenda to cover all matters raised is agreed.
Each area raised is further jointly explored to better understand what went wrong, how it has impacted and what could have been more appropriate. This forms the basis for building a greater awareness of consequences of actions (or inactions) or comments from different perspectives, with a view to learning from past incidents or behaviours, to seek to ‘draw a line’, and move forward positively.