Workplace Mediation
In a workplace dispute, mediation offers the individuals involved the chance of finding a resolution to their problem in an informal manner. They are in control of the resolution. The parties will agree the solution between them, how they should proceed with their working relationship since mediation focuses on the future. Moreover, the mediation process is a secure environment for all concerned where they can have their say and be heard. From experience I recommend mediation in workplace disputes as I have witnessed positive outcomes during my time as a mediator.
Genevieve Murray, MII Workplace Mediation Sector Rep
Mediation has become an indispensable tool in dealing with workplace disputes. Without conciliatory intervention workplace disputes can result in work environments poisoned with conflict, lowered productivity and the loss of effective employees. Mediation can assist resolve diputes between employees or issues arising between employees and their employer.
Why is Mediation particularly suited to workplace disputes?
- Mediation is confidential – disputants get to air and resolve their differences without ‘the entire company knowing’.
- An external Mediator is unconnected to the situation and therefore their neutrality and impartiality is guaranteed.
- Mediation gives disputants a safe, neutral setting to air their grievances.
- Mediation can deal with a workplace dispute without involving other employees or management.
- Workplace disputes can aften escalate to involve formal procedures, Mediation can intervene before things go ‘too far’.
- Mediation assist the parties to communicate more effectively and sets the standard for future conduct.
Case Study
Note: The names of the parties involved have been changed to protect identities. The facts remain the same.
Facts
Mary works as a bookkeeper for a manufacturing firm. She has worked there for more than 20 years and is very committed to her job.
The firm has been recently taken over by another company and Frank, the managing director is introducing many new changes that he regards as necessary, including changes to the accounting department where Mary works.
Frank feels that Mary is being very resistant to change. He feels that he needs someone to get onboard with the new practices that he has introduced, and that Mary is not doing that.
Mary feels that Frank is being very difficult and will not listen to her concerns about the new accounting system. It seems to her that everything task is taking twice as long to do thanks to the new system, and she is feeling completely overworked and overwhelmed.
The Process
Pre-mediation sessions were scheduled where the Mediator met with each partly separately at a neutral venue outside the workplace.
At this session:
- The mediator gives each party the opportunity to tell their side of the story
- The mediator gives each party the opportunity to ask questions
- The mediator in turn asks questions of each party
- The mediator explains the principles of mediation
The following day, mediation between the parties took place at a neutral venue outside of workplace. The mediator brought the parties together and asked the parties to sign an Agreement to Mediate.
The parameters of the mediation are decided, and the mediation begins.
Conclusion
The mediation was difficult. Mary said that she wanted to leave the company and Frank stated that he would not pay her redundancy for her length of service with her former employer, only the length of time she worked for him.
Initially, there were very heated exchanges and neither side would concede on their views.
However, by preserving, giving each disputant the time to talk and to listen, Frank conceded that there were a lot of changes for Mary to cope with and he agreed to provide Mary with more help, by hiring a part-time bookkeeper and to give Mary more training.
Mary agreed that she would commit to working with Frank for the next year and that she would not leave during this time, so as not to disrupt Frank’s plans for the business.
Mary also expressed her thanks to Frank for agreeing to hire extra staff and to provide more training.
- Apologies were expressed by both sides
- It was agreed that the parties would return to mediation in a year’s time to discuss how both sides would like to move forward
- It was agreed that the terms of the agreement would remain strictly confidential
A Different Case Study
Note: The names of the parties involved have been changed to protect identities. The facts remain the same.
Facts
Michael works for a large retail company as a warehouse manager and his job provides him with a large degree of autonomy.
His employer, Vincent, plans to expand the business and in doing so changes the structure of the company and inserts a new layer of management by hiring Sean to oversee operations at regional level, leaving Vincent free to concentrate on their national strategy.
Michael is only told about this when he is called to head office by Vincent, who introduces Sean to Michael as his new boss.
Michael feels that since Sean has arrived, his position and his authority are being undermined. Whereas once he made his own decisions, he now must run everything by Sean. Michael also feels that Sean is being overly critical of his work, where previously there had been no complaints and that he is doing so to make a name for himself at Michael’s expense.
Sean feels that it is Michael who is undermining him and not the other way around.
Sean is very proud of his new job. He does want to prove himself to his boss and would like to move up the ranks of the company in time. He just recently got married, has just bought a house and has quite a large mortgage to pay and he does not want to lose his job for that reason also.
Sean feels that Michael resents his presence and is doing all he can to be as difficult as possible.
Vincent is very disappointed that Sean and Michael are not getting along. This is placing a lot of extra pressure on him and is taking up a lot of his time when he really needs to be focusing on his expansion plans.
Relations have broken down between Michael, Sean and Vincent and they agree to mediation.
The Process
The mediator is contacted, and mediation begins the following week.
Day 1: Mediator meets with each party separately at a neutral venue with each meeting taking approximately 1.5 hours.
At these meetings
- The mediator gives each party the opportunity to tell their side of the story
- The mediator gives each party the opportunity to ask questions
- The mediator in turn asks questions of each party
- The mediator explains the principles of mediation
The following day, the mediator meets the three disputants simultaneously.
Conclusion
While the mediation is very heated, Vincent does acknowledge that he might have given Michael more notice of his plans to hire an individual who would become Michael’s boss.
Vincent also acknowledges that Michael is a very valued member of staff and that his commitment to the company is undeniable.
Vincent also explains that he needs Sean’s help with the expansion plans.
Discussions between Sean and Michael were less harmonious, with each side accusing the other of bullying and deliberate undermining of their positions.
Following extensive discussion, the following matters were agreed:
- A mutual apology was given by all parties to each other
- Michael’s roles and responsibilities were clarified and agreed – recognition was given that he would remain in charge of the warehouse and have autonomy in this area
- Sean’s roles and responsibilities were clarified and agreed – he would continue as regional manager and have autonomy on regional matters
- Michael and Sean would work together to ensure the smooth running of operations by meeting once a week to discuss any work-related issues and keeping each other abreast of any developments or new procedures
- If any issue arose in the future, it would be referred to mediation
- The terms of the Mediation Agreement would remain confidential between the parties
Workplace Mediation
Mediation has become an indispensable tool in dealing with workplace disputes. Without intervention, conflict can be very costly, very time consuming and potentially damaging. Mediation offers the chance to seek resolution in an informal and confidential manner by focusing on finding solutions in each individual case.
Elder Mediation
Elder Mediation is future planning for all the family, while putting the elder person(s) to the fore of the conversation. Talking about aging is never easy but having that conversation with the help of a trained mediator reduces uncertainty, confusion, tension and importantly, reduces the potential for family fallouts or disputes.
Family Mediation
The breakup of a relationship is never easy, and it is understandably a process that many people find difficult to navigate. Every situation is unique and, regardless of whether parties are married, cohabitating, or heterosexual or same-sex couples, mediation is worth considering as it allows people to focus on finding the best solution to their own situation.