Mediation of workplace disputes is also useful for companies that have no plans to change the structure or philosophy of their organizations. Employment litigation is enormously costly, in terms of dollars spent, time and energy lost, and relationships destroyed. Mediating disputes as they arise in the workplace can help avoid those costs.

Workplace mediation offers important benefits to employers and employees alike. It provides fast, creative, mutually satisfactory resolutions. When a dispute is mediated shortly after it arises, the chances of optimal resolution are much greater: the parties’ differences have not had a chance to fester, the situation is generally more fluid, and the parties have more resolution options available to them. Mediated resolutions work better and last longer than authoritatively imposed resolutions because everyone involved buys into them. Moreover, mediation fosters mutual respect through improved communication. Mediation can mend and preserve frayed working relationships, even when the parties are extremely angry.

Mediation within the workplace generally looks very different from mediation within the context of litigation. The primary goal of workplace mediation is to leave the parties better able to work together. Traditional “settlement conferences,” in which the mediator separates the parties and shuttles back and forth between them, often will not be adequate to this task; the parties will need to work through their differences together.

Many disputes arise out of a failure by either party or both parties to communicate, understand or consider the needs and interests of the other. People fix their attention on the question, “Who is right and who is wrong?” and become blind to the possibility that both may have a legitimate point of view. The mediator’s task is to open communications between them about the reasons for the positions they have taken with each other, helping both parties to understand as fully as possible their own and the other’s view of the situation. The mediator encourages both to look at the dispute through different lenses: What do they think will work as a practical matter? What do they think will be fair? What do they think will best honor and promote a good working relationship? As the parties gain an expanded understanding of the situation, their ability to work together toward resolution —and after resolution—increases.

Many human resource professionals have been mediating workplace differences for years, generally informally and often without appropriate recognition or value accorded to their efforts. Some of these managers are now seeking mediation training in order to be able to provide a more formal, structured mediation process to coworkers in conflict. As their understanding of the mediation process deepens, these managers are also finding that there are some disputes in which they cannot function as effective mediators, no matter how skilled they are. Sometimes one or both parties cannot trust another company employee to be neutral or to maintain confidentiality, both of which are essential to a successful mediation. In these cases, managers are bringing in outside, professional mediators. Especially where the dispute could end up in litigation if not resolved, this assistance is well worth its relatively low cost.

Virtually any difference that arises in the workplace can benefit from mediation if the parties are willing to deal directly with each other and if the company has the resources to provide a mediator. Indeed, over time, a workplace in which mediation is the preferred or presumed dispute resolution mechanism is likely to become a workplace in which colleagues and coworkers need less assistance in working through differences and begin to be natural collaborators. However, there are certain types of workplace conflicts in which any company would be well-advised to offer mediation. These include:

1. Sexual harassment complaints. People often assume that parties to a sexual harassment complaint cannot work together to resolve the dispute. That assumption can do both parties a disservice. Many hostile environment complaints arise as a result of differences in perception about what is funny or flattering and what is offensive behavior, or they arise as a result of one person’s failure to respect the other or to understand the effect of his or her behavior on the other. If the parties are willing to talk with each other, these complaints can be mediated to excellent conclusions. The employer can save its relationship with both employees and avoid an expensive and painful lawsuit.

2. Disputes between employees. Sometimes interpersonal differences prevent coworkers from functioning effectively together. If the company needs both employees and needs them working together harmoniously, mediation can be very effective. The employees are offered a controlled setting in which to air their differences, guidance in communicating effectively about them, and a chance to make agreements about how they will function together in the future.

3. Deteriorating performance. A good employee can stop performing well for many reasons. Often, when the manager attempts to address the problem, the employee responds with fear and defensiveness, resulting in further deterioration. Mediation between them can help each understand the other’s needs, requirements and requests and can yield an agreement about how they will work together in the future. Both are more likely to observe such an agreement because both had a hand in creating it.

4. Terminations. When an employer chooses to terminate an employee even though the termination poses litigation risks, mediation on the terms of the separation can be very helpful. Through the mediation process, the employee has a chance to communicate severance needs and to affect the nature and quality of the severance package, while the employer has an opportunity to eliminate its litigation exposure. Mediation can also be beneficial emotionally: the employee may never agree that the termination was warranted but will more likely feel that he or she had a fair hearing, and may come to understand the reasons for the employer’s action. These realizations can make it easier for terminated employees to move ahead with their lives.

Implementing an effective workplace mediation program will require a company to undertake two basic tasks: establishing a panel of mediators and promoting general workplace acceptance of mediation as a dispute resolution mechanism.

The first task is relatively easy to accomplish. The company should select one or more employees who will serve as in-house mediators and provide them with professional mediation training. Those selected should be people who are known in the organization for being discreet, fair-minded and neutral. Ideally, they should already possess good communication skills, though these can be acquired through training. If the company trains several in-house mediators, it should select people from different levels of the organization, so that parties will not be mediating with someone too far above or below them in the reporting structure.

For those disputes needing an outside mediator, the company should be ready with a list of professional mediators from which the parties may choose. The company should have information about each mediator available and may wish to allow the parties to talk briefly with potential mediators before deciding whether to work with them.

The second task can be more complex. It is important to generate acceptance of the idea of mediation before a dispute arises in which it will be proposed: once parties are in a dispute, it is normal for one to reject automatically any suggestion made by the other. If the employer wants to mediate, the employee thinks it must be a bad idea, and vice versa.

Two steps can help here. First, mediation should be incorporated into the company personnel policies in some way that makes sense for the particular company. One way that works well is to write mediation into an internal complaint review process: the highest reviewing authority can be given the option to refer the matter to mediation or the Human Resource Department can be given authority to offer mediation at any point in the review process.

Second, the company should offer an educational program about mediation, which most mediators are willing to conduct. The program could include demonstrations of hypothetical mediations, role-play exercises in which employees experience the mediation process firsthand, and opportunities to ask questions about the process. If the program is offered by the company’s panel of outside mediators, it can have the added benefit of giving employees the opportunity to observe those mediators at work so that they will feel comfortable selecting one of them if and when they are involved in a mediated dispute.

Mediation of workplace disputes is the way of the future. It achieves the most satisfactory, timely and cost-effective resolution of disputes. It is also helpful in creating a collaborative workplace culture. Employers interested in bringing these benefits to their workplaces should incorporate mediation into their dispute resolution programs.

Laura Farrow, an attorney with Mediation Law Offices in Mill Valley, mediates workplace and other disputes and offers mediation training for human resources professionals.

Resolution Mediation

http://www.resolutionmediation.net/

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[UKPRwire, Thu Jan 28 2010] Consensio, a leading conflict management and workplace mediation provider, today announces the launch of its Conflict Clinic. This free interactive service will allow HR professionals to access information on informal conflict resolution processes, including mediation and conflict coaching.

Consensio’s Conflict Clinic is a unique and bespoke service which offers HR professionals a one-stop shop for enquiries about managing workplace conflict. The Conflict Clinic will provide clear, practical and professional advice in a timely manner.

Although many organisations are aware of the costs of conflict and would like to offer informal in-house dispute resolution processes, they face various challenges. These include a limited capacity of staff with conflict resolution or mediation skills, a lack of awareness of mediation services, as well as the prevalence of employees who choose the formal route to conflict resolution.

The new ACAS Code of Practice on Grievance and Disciplinary Procedures recommends the use of mediation to resolve workplace conflict as a means of decreasing formal grievances and Employment Tribunal (ET) claims. Current figures show that ET claims are at a record high and these numbers are expected to continue to rise in 2010. With this in mind, and reacting to client demand for access to impartial professionals, Consensio has developed the Conflict Clinic to allow organisations to directly contact an expert for support and guidance.

“The use of alternative forms of dispute resolution, including mediation, to resolve workplace conflict is important in any type of organisation. But in order for this to be successful, staff within organisations require adequate skills, as well as confidence. Due to the significant cost of conflict to organisations and employees, organisations need to work harder to solve conflict before it reaches formal process and escalates to Employment Tribunal”, said Anna Shields, Director of Consensio. “The Conflict Clinic has been created to help organisations get support and advice from experts in the field, to answer questions and concers HR professionals may have, and to promote informal ways of resolving conflict, such as through the use of mediation or conflict coaching.”

To access the Conflict Clinic, please visit: www.consensiopartners.co.uk.

About Consensio
Consensio is a leading provider of conflict management and workplace mediation solutions to organisations across the UK. Consensio believes that each client is unique and its team of experts pride themselves in creating and delivering cost-effective bespoke solutions to help manage workplace conflict. Consensio works in partnership with its clients and offers an array of services including: mediation, coaching, consultancy and accredited training. Consensio’s customers span small organisations to FTSE 100 enterprises, in both the private, public and third sectors across the UK. For more information about Consensio, please visit: www.consensiopartners.co.uk.

http://www.ukprwire.com/Detailed/Business/Consensio_Announces_the_Launch_of_its_Conflict_Clinic_65689.shtml

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Resolution Mediation

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The Human Resource Professionals Association is offering a one-day workshop to introduce HR generalists to conflict management processes, principles and practices, and their application to the workplace. The course covers a wide variety of dispute resolution techniques such as workplace mediation, neutral evaluation, relationship by objective programs, the Ombuds model, workplace rehabilitation and neutral fact finding. Rick Russell of Agree Dispute Resolution, former Ombuds at McMaster University is the presenter. The workshop takes place on HRPA Education Centre on May 12, 2009. (HPRA Events Info.)

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Ekodo Workshop: Environmental Conflict Resolution – Intersect – This workshop will review forms of environmental conflict, examine the conflict dynamic, and explore strategies to drive solutions through these difficulties. This will include building conflict resolution strategies into the design of …

National Workshop by the Forum for Policy Dialogue on Water … – Forum for Policy Dialogue on Water Conflicts in India organized a two-day national workshop on “Water entitlements and allocations for livelihoods and ecosystem needs and the legal-institutional framework for conflict resolution” on …

Leadership Education Workshop Series – In addition, throughout his distinguished career at Syracuse University, he has served as Director and Associate Director of six different conflict resolution programs. He is also president of his own private consulting firm. …

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