Mediation is a voluntary process through which a neutral third party can help to resolve a conflict or dispute and facilitate an agreement. Mediation can be used to resolve disputes in many areas including the workplace, in businesses, in civil cases, in families and can benefit employers.
HR and Mediation specialist Rebecca Gilbert, Company Director – Headland HR Limited explores the benefits for employers.
What are the benefits of mediation for employers?
Mediation can benefit employers both in terms of repairing and preserving working relationships amongst your teams and dealing with formal complaints and employment disputes which may arise.
Where there are people there will likely be conflict. Working relationships are complex. Having a diverse range of approaches and opinions can make our businesses flourish but this does of course mean that issues can inevitably occur.
Mediation offers both a proactive and a reactive solution to addressing these workplace and employment issues.
Mediation can be used proactively to enhance your employer brand, demonstrating a proactive approach to employee wellbeing and resolving issues before things escalate to a formal process. Employees feel heard, they are part of the solution and the way forward, and your teams are encouraged to discuss issues openly as part of a properly facilitated and structured process.
From an employer perspective, ongoing conflict and disputes can put a strain on resources. Mediation can help to minimise business disruption and foster a positive culture, reducing the impact of conflict on wider teams.
In situations where things have already escalated, Mediation is a cost-effective alternative to litigation. It can be very time efficient, resolving issues much more quickly than a tribunal process. As backlogs in courts and tribunals continue to grow, mediation is increasingly being seen as a valuable tool for dispute resolution.
Mediation is also a confidential process, avoiding the potential for negative publicity and damage to reputation. As we have seen all too often in recent years this can be such an important aspect to consider for organisations.
Which types of disputes are suitable for workplace mediation?
Essentially, any situation where there is a disagreement or conflict between people can be suitable for workplace mediation.
Some examples would be line manager and team member disputes and interpersonal conflicts amongst team members. Mediation may be recommended as part of a formal grievance process, or it can be used proactively as an alternative before any formal grievance is raised.
Mediation can smooth over working relationships after a period of transition or structural change, it can help to form new working relationships and align your culture and new ways of working.
Mediation can be particularly impactful at a senior level where issues need careful handling. Conflict at this level can have such a huge impact on your teams and the rest of the organisation.
What is the process for workplace mediation?
This is often one of the first questions asked going into any mediation. The process will differ slightly depending on whether it is a civil, commercial or workplace mediation but for the purposes of this article, we will focus on the process for workplace mediation:-
- The mediator will speak with the person making the referral, such as your HR department, CEO or another member of the senior management team
- The mediator is introduced to the individuals involved in the mediation
- The mediator will speak with all parties individually first, usually over a phone or video call to understand the situation from each perspective, explain the process, and answer any questions
- A date, timings, and location (online or face to face) will be confirmed for the mediation
- The mediator will keep in touch with the parties in the run up to the mediation
- On the day of the mediation, the mediator will meet with each of the parties individually first and then all parties will usually join together in the group meeting to begin the mediation
- Mediation is flexible so the mediator may use a mixture of group mediation and break out rooms depending on the requirements and how the day unfolds
- Once an agreement is reached the mediator will draft a mediation agreement which specifies what the parties have agreed to and any plans for review or revisit in the future
If you would like to know more about mediation for employers, then take a look at the Headland HR LinkedIn page where we have recently shared some more insights into mediation for employers…
You can also take a look at the mediation page on our website www.headlandhr.co.uk
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