MEDIATION

MEDIATION AN OVERVIEW…

Over recent years the workplace for many employees has become an increasingly complex, fast moving environment, with the imperative to improve productivity and stimulate growth against the backdrop of the recession, the ongoing introduction of new technology, frequent restructures and reorganization, and the new global communications platforms.

Conflict in the workplace has also increased, as these changes have placed greater demands on employees to keep pace and adapt. As a result, concern has grown amongst employers, industry bodies, and the public sector about the financial, organisational and human cost of this conflict, which originates in the workplace, but which is often is often pursued via litigation to employment tribunals.

Government has also been concerned about the cost and escalation of litigation, and,-following extensive consultation, has made a commitment to build a new approach to resolving conflict and to promote the use of mediation as an “and accepted and trusted part of resolving disputes”.

HOW MEDIATION WORKS…

Mediation is based on the principle of collaborative problem solving, with a focus on the future, and on rebuilding relationships rather than apportioning blame. It is facilitated by an independent mediator, who helps the parties in dispute to explore the issues which have led to the conflict and difficulties, tries to identify with them areas of common ground and possible resolution.

Mediation offers the potential to achieve a more enduring, positive and cost effective alternative to the traditional methods of conflict resolution, and represents an opportunity for parties to resolve disputes at an early stage, reducing disruption in the workplace and minimising damage to the individuals involved.

Mediation is a confidential and voluntary process and is conducted on a without prejudice basis. Both parties can therefore opt out at any stage up to the point where a settlement agreement is formalised and signed, and nothing that is discussed in the course of the mediation can be disclosed afterwards, or, should the mediation fail, during any subsequent litigation.

WHY MEDIATION WORKS…

The benefits of mediation are compelling…

Speed… Conflict is difficult for organisations and individuals to manage.

For the organisation it is time consuming and diverts resources away from business priorities. Early intervention, before conflict becomes formalised and more adversarial, increases the chances of resolution

For the individual it causes anxiety, and can drain emotional, physical and psychological resources. Mediation can and should be arranged and facilitated quickly, usually within a few days.

Cost saving… Mediation offers both individuals and organisations the chance to resolve issues quickly, and to manage and minimise the costs associated with settlement.

Flexibility… Facilitative mediation offers parties the scope to shift their thinking away from conflict to resolution, and to participate in a process which may lead to an agreement which is based on information and understanding.

Ownership… As a neutral third party, the mediator facilitates the process, assisting the two parties in finding and evaluating possible options for resolution, and encouraging them to reach a position where they feel that they “own” the outcome.

Durability… By unearthing the real issues underlying the conflict, mediation can offer both parties the chance for a robust and enduring resolution, often generating improved communications and enhanced employee morale in the workplace, or enabling parties to “move on” in post-employment mediation settings.

THE BENEFITS TO EMPLOYERS…

Many organisations which have adopted mediation as an alternative means of dispute resolution have discovered that it can have a transformative effect on the culture of conflict management, and that it can enable and promote

• The preservation of working relationships
• Reduced sickness absence
• Improved morale
• Lower attrition/turnover
• Improved team relations
• Reduced incidence of grievances
• Positive employment relations