In this month’s article we look to Mediation in the Workplace as a method of conflict resolution.
We seek to demystify the process, define the benefits and consider, in real terms how an organisation might introduce the practice of Mediation.
In its most straight forward description, Mediation is a way to mend relationships when there is a disagreement at work. It is an opportunity to pause the formal route and try something more human-centred, often with faster, more positive results.
When facilitated by a trained professional, mediation reduces tension, rebuilds trust, and helps prevent disputes from escalating.
It can strengthen workplace relationships and contribute to a more respectful and resilient culture. For employers, this means fewer grievances, less time lost to conflict, lower staff turnover, lower costs and better outcomes for everyone involved.
It is held by a ‘mediator’ (neutral person). The mediator is impartial. This means they do not take sides. They’re there to help everyone involved find a solution they can all agree to.
It is important to note that If employees do not want to take part in mediation, they do not have to.
Mediation is voluntary and confidential. The mediator will agree with everyone involved what information can be shared outside the mediation and how, they will also agree ground rules at the start of the process to ensure a respectful and productive environment. If parties do not reach an agreement, anything that’s been said during the mediation must be kept confidential and cannot be used in future procedures.
The process typically involves an initial meeting where the mediator introduces themselves, explains the workplace mediation process, and sets expectations for the parties involved.
Parties may meet with the mediator separately in individual sessions before coming together in the same room for a joint meeting.
During the joint session, the mediator facilitates a dialogue to help the parties identify key issues and find solutions. Agreements are reached collaboratively, focusing on mutually acceptable solutions.
Outcomes vary depending on the situation. Some mediations lead to written agreements or action plans, while others result in verbal understandings or commitments to improved communication.
The mediators never keep notes of the mediation so the process stays confidential.
However, sometimes parties’ put their outcomes into a mediation agreement which can be followed up after the mediation has happened to track progress.
Some conflict at work is natural and can lead to creativity and new ideas being discussed — and when addressed positively, it can lead to growth. But unresolved conflict can damage morale, impact performance, and increase absenteeism.
Formal processes like grievances or tribunals may resolve the legal aspects, but they rarely repair relationships which can lead to loss of productivity and quiet quitting.
The Conflict Management Institute identify the main benefits of Mediation in a workplace as;
When compared to the often exorbitant expenses associated with litigation or other formal dispute resolution mechanisms, mediation emerges as a significantly more affordable alternative. The financial burden of legal fees, court costs, and lost productivity can be substantial, particularly for smaller organisations with limited resources.
In the sensitive context of workplace conflicts, maintaining confidentiality is of paramount importance. Mediation offers a secure and private forum where parties can candidly discuss their concerns without fear of public exposure or reprisal
Through the mediation process, individuals gain a deeper understanding of each other’s perspectives and motivations, fostering empathy and compassion. By recognizing the common ground and shared interests beneath the conflict, parties can work collaboratively towards a resolution that addresses everyone’s needs.
Mediation offers a refreshing contrast to the drawn-out nature of traditional legal processes. By streamlining the conflict resolution process, mediation enables parties to address their issues promptly and achieve a sense of closure.
Unlike traditional adversarial approaches, which often rely on external authorities to impose a decision, mediation empowers individuals to take ownership of the conflict resolution process
Mediation recognizes that every conflict is unique, arising from a complex interplay of personalities, perspectives, and circumstances. As such, it offers a degree of flexibility that traditional legal processes often lack.
Mediation prioritizes the preservation and restoration of relationships by fostering open communication, empathy, and understanding.
The presence of a neutral and impartial mediator is a defining characteristic of workplace mediation. Their neutrality and impartiality ensures that all parties have an equal voice and that the process is fair and unbiased.
Studies have shown that mediated agreements are far more likely to be adhered to than those imposed through litigation or other formal processes. This is because mediated agreements are reached through a collaborative process where all parties have actively participated in shaping the outcome.
Mediation encourages employees to address conflicts directly and constructively, promoting a proactive approach to conflict management. When employees feel empowered to address conflicts constructively, they are more likely to feel valued and supported by their organisation.
Mediation is a voluntary process, so yes employees may refuse mediation as an option for resolution. Despite its benefits, some employees may still be hesitant to engage in mediation. Common concerns include:
There may also be a culture within the organisation, or a fixed mindset by parties towards pursuing formal processes. Whereas, mediation is not about judging who was right or wrong in the past. It looks at how to agree on working together in the future. Therefore mediation is especially effective when used early, before issues harden or formal action is considered or necessary.
It’s also important that employees never feel coerced into mediation. This can be helped by clearly explaining what mediation involves, ensuring mediators are trusted and well-trained, and reinforcing the voluntary and confidential nature of the process.
There are 2 ways you can introduce mediation in your organisation. You can:
Using an external mediator might be a good option for a smaller organisation. This is because it can be expensive to set up an internal scheme. It can also be difficult to make sure that employees in a smaller organisation are:
Using an external mediator means that you can mediate when necessary without taking up your employees’ time.
In larger organisations, you might still use an external mediator, even if you have invested in your own internal mediation scheme.
For example, it might be appropriate to use an external mediator when:
If you were considering setting up a mediation scheme, perhaps if you are a larger organisation, it may be advisable to pilot a scheme, perhaps in one area first to see if it works. If it’s successful, you could then expand the scheme.
There would need to be a person or team who are responsible for the scheme and of course all mediators would need to be carefully selected and trained. It would also be important to select a diverse range of employees to act as mediators. This will help you match mediators to parties more easily and make sure that mediators are impartial.
It is also advisable that refresher training is carried out, there is regular evaluation of the process and its effectiveness, and that a mediation policy. mediators code of conduct or framework of behaviours is in place to ensure appropriate standards are maintained, particularly by newly trained mediators.
Either way, the goal remains the same: to resolve issues informally, respectfully, and with the parties sharing ownership of the outcome.
Regardless of whether you chose to use an external mediator or to set up an internal scheme, the next steps are communicating the use of Mediation to the team. Mediation should be introduced as part of your organisation’s approach to people management. There are many ways you can include mediation in policies and procedures.
For example you could include it in; employment contracts, your bullying and harassment policy or your grievance or dispute resolution procedure.
Then you would seek to garner buy in from management and senior colleagues, you might also need to consult with unions if applicable. Finally, positively promote mediation within the organisation as an option that’s flexible, confidential, less formal and voluntary.
People Management Solutions can provide trained and experience mediators to assist with the use of mediation in your organisation, if you feel this may be beneficial of If you have any queries regarding the introduction of mediation in your workplace, please do reach out to us.