In our latest HR Coffee Break Briefing webinar, Head of HR Services Nathan Andrews discussed workplace mediation and how it works.
He provided advice for employers and HR professionals on when mediation should be used, what a mediator does and how the process can help resolve disputes before they escalate.
This is the summary of that webinar. You can watch it back below, or read on for the summary.
What is mediation in the workplace?
Mediation is a process where disputing parties use an independent mediator to try and reach an agreement. Mediation is often used to try and resolve an issue before court involvement is needed.
The process is informal and confidential. So, anything brought up throughout the course of mediation cannot be used against any party in future legal disputes.
Unlike litigation, mediation focuses on the future, aiming to resolve challenges in working relationships.
Related: Resolving Workplace Disputes through ACAS
When do you need a workplace mediator?
Where two or more parties cannot resolve their differences through direct negotiation, you may need to bring in a third-party mediator to assist, before things escalate.
A mediator’s job is to act as a facilitator and to help disputing parties find a resolution, which both parties can agree upon, while treating both parties equally and remaining impartial.
Facilitative Mediators do not give recommendations or control the outcome; they instead provide a safe space for discussion and an agreement to be reached.
How does workplace mediation work?
If all parties are willing for mediation to take place, the mediator will issue a formal ‘agreement to mediate’ to begin the process.
Next, each party will be asked to provide the mediator with a written summary and any supporting documentation which is relevant to the dispute.
Once the process has started, the mediator will have individual private meetings with all parties to discuss how the current situation is affecting working relationships.
What’s next?
After all private meetings have been conducted, the process moves onto a joint session. Here, the mediator will create a safe environment for all parties to participate in working towards a resolution.
In this meeting, the mediator will make sure all parties are heard equally and will assist them in generating as many solutions to the problem as possible.
The mediator is not there to come up with a solution themselves, it is down to the parties involved to take ownership and reach an outcome.
What happens after mediation at work?
If a solution is found and both parties have reached an agreement, the mediator will draft up a mediation settlement agreement to be signed. Not to be confused with a standard settlement agreement which Chris Dobbs spoke about here.
The mediation settlement agreement is not binding or enforceable by law but is declarative and includes promises or agreements that both parties have made to each other in order to move the working relationship forward.
The mediator will then write to the client organisation explaining that the process has been successful, and that an agreement has been reached which aligns with all parties’ issues.
What happens when workplace mediation doesn't work?
If, at the end of the mediation process, a resolution is not reached, the mediator will write to the organisation and explain that the mediation process was unsuccessful.
Due to the process being confidential, the mediator will not go into any further detail.
If the mediation doesn’t succeed, the parties may need to explore other ways of resolving the dispute, such as grievance proceedings or legal action.
Unsuccessful mediation may also mean that the need arises for an investigation to be conducted. Read about how workplace investigations work here.
Can I stop the workplace mediation process?
As the mediation is voluntary, at any point a party can withdraw, which will result in the process coming to an end.
At this stage, the mediator will write to all parties and the organisation, explaining that an agreement between all parties has not been found.
How successful is workplace mediation?
Workplace mediation can be extremely effective, leading to a conflict being resolved efficiently.
Although its success can depend on many factors, such as how willing the participants are, most employers will agree that mediation is worth it as, where an agreement is reached, it can prevent court involvement, reduce stress, and save time and money.
Furthermore, mediation can strengthen your relationship with your employees, promoting co-operation and team unity.
Mediation service at Frettens
At Frettens, Nathan Andrews, our professionally trained Workplace Mediator, has over 18 years of HR experience and a proven track record of helping disputing parties reach agreement through open discussion.
He and the team can assist you in all aspects of mediation, to reach the best outcome.
To get in touch, please call us on 01202 499255, or fill out the form at the top of this page, for a free initial chat.
Comments