Mediation is a form of workplace dispute resolution that is completely voluntary and confidential. This resolution involves an independent and impartial person who helps individuals or groups to resolve their conflicts.
A mediator should not determine outcomes or make any judgements whatsoever during this process.
He or she should ask questions that are geared towards uncovering underlying problems. Conflicting parties are helped in understanding their issues. Options are clarified that help in the resolution and settling of disputes.
The aim of mediation is to help restore and maintain relations within the workplace. Focus is placed on working together to move forward and not on what was right or wrong.
This brings about a better and more conducive working environment for the conflicting parties.
Mediation helps to prevent formal proceedings that may involve disciplinary actions. It can help save the relationship of workers within the workplace. This helps them put their disputes behind them. It also helps turn down issues to prevent their escalation.
Mediation can be helpful in solving interpersonal conflicts and employee complaints. In some instances, cases like bullying can be mediated. This happens when there is a genuine agreement from both parties for mediation.
Mediation enables employees to own up to their actions. It gives them responsibility for their own outcomes. They become invested in the mediation process. Any resolutions reached are not imposed on them.
Mediation sends a clear and strong message to the rest of the workforce. It shows the readiness of an employer to help mediate the relations in the workplace. It also shows the willingness to restore damaged relations.
Mediation is not appropriate for circumstances such as gross misconduct. Formal proceedings need to be instituted during such scenarios. Mediation can follow these proceedings to help in the resolution of issues.
Mediation within the workplace can help to resolve disputes. It can assist aggrieved parties to reach an understanding and find common ground. Better working relationships can result from mediation.
Disclaimer: The contents of this article are for information purposes only and should not be relied upon as formal legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Specific legal advice should be sort tailored to the individual circumstances in all cases.
David Philip Harris is a recognised employment solicitor with over 10 years of experience in advising employees and employers on employment law matters. He is a frequent contributor to BBC Radio Berkshire and People Management Magazine. David has represented individual and corporate clients in the employment tribunal as well as the High Court and County Court. David is a member of The Law Society and The Employment Lawyers Association (ELA UK). To contact David, visit the Contact Us page. For media enquiries: info@dphlegal.com.