If you’ve ever been part of a team, you’ve likely encountered some form of disagreement. Workplace disputes occur in every office in one way or another. Silent minutes after a meeting could indicate that team members are annoyed at each other, while tightly whispered conversations near a water cooler are frequent occurrences in work environments.
But what if there was a way to eliminate these issues while avoiding the hassle of a potential employment tribunal claim and or burying your head into heaps of human resource forms and rules? Workplace mediation does just that; it is a powerful and practical solution that relies on trust and open discussions instead of court orders.
So what is the “secret sauce” of this form of mediation? What makes it so effective even if there is no legal enforcement? Let’s take a closer look and attempt to explain this in the simplest way possible so that as many people as possible benefit.
Workplace Mediation
This form of mediation is all about empowering the employees and the employer to resolve their differences and misunderstandings in an effective and efficient manner. Mediation is a formal dialogue, and it is led by a third party, a mediator, who does not participate in the conflict, stays neutral and keeps a stiff balance. The purpose of mediation is to resolve conflict by streamlining the communication, restoring trust, and preventing escalation of conflict.
Picture the mediator as a referee in a football match. He does not take sides; he only helps the two teams to follow the stipulated rules and ensures that the game goes on without any foul play or violence.
Key points about workplace mediation are:
- It is voluntary: The mediation is voluntary if both parties agree to participate.
- Confidential: Information remains classified.
- Flexible: The framework adapts to people and problems, not to a long, rigid checklist.
- Quick: Most issues are resolved within a day. No need for drawn-out waiting periods like in tribunals.
Why Do People Prefer Mediation Instead of Legal Enforcement?
In an office environment, legal actions like tribunals and hiring solicitors often lead to anxiety, fear, and significant financial costs. Such actions are overtly public and can irreparably damage relationships.
Mediation in the workplace is different. This is why it:
- Saves Time and Money: There are no lengthy documents to be completed and no employment tribunal hearings to be attended. There are also no costs associated with hiring solicitors.
- Reduces Stress: Due to the informal nature of mediations, the chances of being judged are minimal, enabling people to speak freely.
- Builds Trust: People in the workplace learn to deeply listen, to understand, and to trust.
- Prevents Damaged Relationships: Formal disputes often lead to cold wars within teams, fracturing them into opposing factions. Mediation fosters conversation instead of war, preventing serious damage.
- Puts People in Control: The parties to the dispute, not HR, management, or a judge, determine the course of action in mediation, preserving autonomy.
How Do Mediation Sessions in The Workplace Function?
Let’s examine the steps in the workplace mediation process.
- Pre mediation: The mediator will ask each employee to send them a position statement. Which details the issues they have had with one another.
- On the day: The mediator will meet each employee separately for about an hour. They will explain their role, the process and the rules, especially confidentiality and how it works. And discuss with them their position statement.
- Joint meeting: Once the mediator has had their private meeting with each employee, they will bring all the employees together and have a joint meeting with them.
The mediator will encourage the employees one at a time to discuss and repeat what they discussed in private, now with one another. Each employee has an opportunity to present their views without interruption.
- Exploring Issues: The mediator assists in the resolution process and brings to the surface the underlying problems instead of just the symptoms.
- Seeking Solutions: Both parties come up with realistic and achievable steps to ensure progress. These are bespoke, and not imposed.
- Agreement: If everyone expresses satisfaction, an agreement is prepared. For most workplace disputes, this is based on trust rather than rigid legal frameworks.
Fun fact: Most workplace mediations are completed in just over half a day or a whole day, and can be conducted in person or on Zoom. Imagine strolling in after breakfast and walking out with a resolution by tea time!
Trust: The Foundation of Workplace Mediation
But what is the key question? If workplace mediation is not always legally binding, what keeps people to the agreed terms? It all boils down to trust.
Trust-based mediation operates with the assumption that people will work together if they are not forced to. This is effective for the following reasons:
- Personal Accountability: If a person actively participates in creating a solution, they are far more likely to see it through to completion.
- Shared Commitment: All employees are committed to give their best effort since they are participants in the agreement.
- Ongoing Relationships: Most employees continue to remain in the same workplace after the mediation. And therefore have to find a realistic solution. They do not need to be best friends.They just have to work alongside one another in a professional capacity.
- Support from Leadership: When managers and human resources give their full support to the process, the message that mediation is important is very clear. However, it is still voluntary, no one has to participate unless they want to.
Are Mediated Agreements Legally Binding?
A common workplace mediation question is: “Is the mediation agreement a legal document?”
Typically, mediation in workplace resolves conflicts with agreements reached based “on good faith.” This indicates agreements have been made by both employees extending their side of the bargain based on trust. In workplace disagreements, the resolution is more of a trust agreement, absent the formalities of legal jargon and court enforcement unlike in commercial disputes.
Does this need to be a concern? Not particularly. Research indicates the likelihood of compliance is higher when individuals participate in the resolution process. Agreements based on trust and honesty are more effective than those imposed by legal enforcement.
Tips for Making Mediation Work
Maximizing workplace mediation sessions can be obtained by considering the following strategies.
Before the meeting:
– Agreement even when discomforted should be honest.
– Prepare to listen to the other side.
– Make plans to actively listen more than participate with your speech.
During Mediation:
– Empathy should be practiced even when emotions are heightened.
– Look for solutions beyond blaming each other.
– Trust the mediator as they are there to help both sides.
After Agreement:
– Adhere to your promises no matter how difficult.
– If issues recur, early intervention is the best way to sustain efforts, speak up.
– Many mediators check weeks later to see how things are going. If you require follow-up support, don’t hesitate to ask.
When is mediation not the right choice?
Mediation’s power can be countered by some factors.
If there is the threat of violence or illegal behavior, management, HR or the police should be contacted.
If any other party is not willing to correspond, mediation is not possible.
Conclusion
Mediation in the workplace illustrates that not every conflict mandates a legal intervention. Even the most problematic conflicts can be resolved through honest dialogue, trust, and support from a neutral mediator. Furthermore, when individuals create their own agreements, they are more inclined to adhere to them, without the involvement of solicitors or employment judges.
To avoid conflicts that ignite strong reactions, many smart businesses, and in turn, employees, are relying on mediation as a more propitious method to manage disputes. Through the use of mediation, conflicts can be resolved in a just and low-stress manner. Through trust and understanding, workplaces are kept intact and given the opportunity to improve morale.
Did you find this helpful? If you want to know more about workplace mediation, check out real people who have already taken the first step to a better workplace.
