Reasons to refuse mediation at work; we shall explore why you may want to refuse to mediation at work. What acts as a valid reason to refuse? Why should you mediate? Why should you not mediate?
We get on average between 70-100 enquires for mediation at work each week. The majority of these enquiries are when the enquirer usually the employer, a manager or HR representative makes it clear that their employees wish to mediate. Explain the dispute and request our mediation costs.
However, we do get the hesitant enquirer who explains the dispute and then goes onto say one employee wishes to mediate, the other does not, sometimes they provide an explanation, sometimes they do not, sometimes they do not even know why the employee does not want to mediate.
Valid Reasons To Refuse Mediation At Work?
REASON TO REFUSE | VALID REASON OR NOT? |
1. I do not want to mediate. | Is not a valid reason. But being voluntary there is no point in mediating if an employee does not want to. There is clearly a dispute which need to be addressed. |
2. I do not have to mediate. | Is not a valid reason. Yes, mediation is voluntary, and no employee should be compelled to mediate. But surely it would make sense to try and resolve what ever issue you have / the other employee has with you. |
3. There is nothing to mediate. | Is not a valid reason. There has to be an issue as otherwise the employer would not have suggested workplace mediation. |
4. It will not achieve anything. | Is not a valid reason. 1. Has the employee ever been to a mediation, so how would they know? 2. They cannot possibly know that it will not achieve anything. 3. Even if an agreement cannot be reached, clearing the air, a line in the sand works wonders. However, it could possibly be a valid reason if you are genuinely not the alleged wrong doer, and you have been subjected to ill treatment. But give it a try, what have you got to lose? |
5. I know the other employee will not change. | Is not a valid reason. Although it may seem like the other employee many never change. Will pay lip service at the mediation. Our extensive experience of mediating workplace disputes has shown us, expect the unexpected. The most impossible situations have somehow straightened themselves out. |
6.I am scared. | This arguably could be a valid reason. It is understandable to be anxious, nervous, possibly upset. But your workplace mediator will safeguard you and the other employee. There will not be any shouting matches, all communication has to be honest, but it is communicated in a respectful, civilised and measured manner. The mediator will not allow any employee to bully or mistreat another employee. |
7. Fear of threats & or violence. | This arguably could be a valid reason if it was accurate. However, if it were true and accurate such a dispute would not be suitable for mediation. And would need the employer to reprimand the employee, dismiss them and or report them to the police. |
Why Refuse Mediation At Workplace?
Refuse mediation at workplace if you have a genuine valid reason, having read the above and none of it applies to your workplace dispute. And or;
- You genuinely have not got the mental strength to address the issues.
- You are unable to approach it with an open mind.
- They are wrong and you are right.
- They must apologise to you, and you want your mediation apology.
Do Not Refuse Mediation At Work
Do not refuse mediation at work if you want to resolve your workplace dispute with another employee. Your employer is willing to pay for all employees to attempt to put their differences to one side. Which will improve their work life, and in turn the majority of their life. The whole process is confidential. Nothing can be reported back to your employer unless you authorise the mediator to do so.
It is totally voluntary, therefore if at any time during the mediation you can ask the mediator to end the mediation if you are not comfortable with the way it is going. You will not get into trouble for doing this, as it is your right to do.
Conclusion
Mediation will hopefully give you an opportunity to end your dispute. What do you have to lose? Refuse to mediate, which is your right, then do not expect your dispute to just disappear. It will more than likely get worse. The only solution your employer can offer you is mediation, but having refused that, what would could you possibly do or suggest to fix the situation thereafter? Hint the answer is nothing!
Further reading at ACAS.
One of the UK’s most experienced commercial and workplace mediators and mediation trainers. Mediating since 2002 across all sectors with over 2000 mediation’s conducted.
Here to help you resolve your dispute quickly, cost effectively and without stress. As well as to answer all your questions about mediation.
Has mediated every single type of civil, commercial, employment, family, boundary, neighbour and workplace dispute. It is easier to say what he has not mediated, rather than what he has.
A Fellow of the Civil Mediation Council. A Law graduate, a CEDR, Academy of Experts & ADR Group Accredited Commercial Mediator. A Qualified Dispute Resolver, a UK Mediation Accredited Workplace & Community Mediator. A Qualified Manager through the Chartered Management Institute – Level 5.
An associate Teacher and qualified Trainer, holding the Certificate in Teaching in the Lifelong Learning Sector – Level 4. Since 2007 he has been on the global mediation training faculty of the Chartered Institute of Arbitrators. Who he has delivered mediation training for, in the UK and overseas, on numerous occasions. Between 2018 and 2020, he was the Head of Mediation Training for the ADR Group. The oldest (1989) mediation training provider in the UK.
