WORKPLACE MEDIATION
Please let us talk to you about all of the costs involved - you will be surprised at how little the true cost is, especially as future legislation is likely to dictate that all companies and organisations will have to have mediation policies in place, either as "stand alone" mediation policies or as part of their Equal Opportunities, Harassment and Bullying, Sexual Discrimination policies etc. Some companies will not be able to afford to train and put in place their own internal mediators, or will be too small to be able to justify the training and the ongoing costs of supervision and support. Also some workplace conflict will be too complicated or too close to the internal mediator for that person to appear as "impartial". By employing Adytum as an external mediator this is no longer an issue.
Now read on and find out how Mediation in the Workplace can work for you.
Tony has been offering Workplace Mediation for some time now and has recently successfully completed an accredited Workplace Mediation Certificate with the National Open College Network.
Adytum has been increasingly used by both our corporate and private clients to provide a mediation service and now offer this service to any company or organisation that has a situation of conflict in the workplace.
Workplace Mediation is extremely cost effective in that the process is quick to set up once a problem has arisen in the workplace, usually within two weeks, and does not need the company to engage in a lot of time and effort in setting up and preparing for Employment Tribunal hearings. The employment of barristers and other "experts" is very expensive, as is the time involved by the company’s Human Resource Department in the process of interviewing staff and the gathering of evidence.
The aim of mediation between individuals or groups is to try to help towards resolving conflict, so that the normal functioning of the people concerned can return to a point where balance and harmony can once again hopefully be achieved.
There are different types of mediation. There is family mediation, matrimonial mediation and workplace mediation. The way we conduct Mediation in the Workplace is outlined below.
Workplace Mediation is a structured process whereby an impartial mediator can facilitate communication between people in order for them to arrive at mutually acceptable solutions, which will hopefully improve the working relationship between themselves and their work colleagues. Organisations that employ Adytum realise that, for a successful mediation to take place, the independence of the mediator is of paramount importance. We are totally external to the organisation and, therefore, you can be confident that there are no pre-conceived ideas, relationships or positions being adopted.
The Underlying Principles of Mediation.
- Mediation is voluntary. The parties concerned agree, prior to any meeting, that mediation is desirable.
- Mediation is solution / agreement focused.
- The parties to the mediation offer and agree the solutions themselves.
- The mediator is totally impartial and does not take sides.
- Mediation is totally confidential.
- If mediation is unsuccessful then further processes can then, perhaps, be employed by the organisation, such as grievance procedures.
Confidentiality – the process of mediation is based on honesty and the sharing of views, needs, feelings and hopes for the future. It is, therefore, vital that this process remains confidential. The content of the mediation process is, therefore, never disclosed to any other party. There are no reports prepared for anyone. What is revealed, if agreed, is a signed copy of any agreement that is reached, and a copy is given to each participant, Human Resources, if agreeable to the parties, are usually the people who also hold a copy of this voluntary agreement in total confidence, or it may be that a verbal agreement only is to be employed.
All parties agree not to discuss the content of the mediation outside of the event. Confidentiality also means that the contents of the mediation cannot be used in any other formal or legal process in the future, nor can it be used as evidence or recorded in an individual’s performance or evaluation record. All that usually will be disclosed is that a mediation took place, and whether or not it was successful.
How Does Mediation Work in Practice?
Prior to a mediation, written communication to all the parties concerned, including the employer, takes place, in order for everyone to understand how the mediation will be conducted.
The mediation begins with the mediator having private and confidential meetings with each of the parties involved. The mediation then moves to bringing everyone together in a joint face-to-face meting. During the face-to-face meeting, best practice dictates that the following takes place.
- Making introductions and jointly agreeing ground rules
- Hearing what has happened and summarising
- Identifying and discussing the issues
- Mutually trying to understand and communicate the issues, and the feelings surrounding them
- Exploring the possible solutions
- Producing and signing a voluntary agreement, and arranging a follow up meeting for the future
The content of all e-mails and communications between the mediator and the parties involved are bound by the rules of confidentiality. The only thing to remain after the process is the "agreement". All the notes taken by the mediator and used in the process of trying to reach a resolution are destroyed on the day.
If mediation does not work, or if someone does not change their behaviour as agreed, then it means that the organisation will most likely have to move on from mediation and look at other means of resolving the issues. This, of course, may lead to disciplinary action being taken.
Hopefully mediation can be used prior to any formal procedure being instigated, which could be the launch by one of the parties concerned of a grievance procedure citing bullying, harassment, sexual discrimination, discrimination, equal opportunities, equality and diversity, dignity at work etc.
The way mediation and conflict resolution can benefit an organisation can really be split up into the following areas
How does it benefit the Individual?
How does it benefit the Organisation?
How does it benefit Other Parties who are in contact with the organisation?
The Benefits to the Individual
- Conflict is usually resolved in a day which helps the disputees feel that they are being taken seriously.
- Clarification of issues for self and others – this is vital for all concerned and is essential in being able to understand how conflict arises.
- The people involved feel understood and acknowledged – therefore valued as a member of staff.
- The process is usually quick to set up and deliver reducing the time that an issue can fester, which can affect and infect others in the workplace.
- By resolving issues in a win/win solution it allows people to move forward and get on with the job in hand.
- It is the disputees’ solution - it is not imposed from above, which allows the disputants to feel properly in control.
- It is a completely confidential process which encourages people to talk openly without any restrictions.
- The fact that a mediation has been necessary cannot be used, nor can the confidential information be disclosed in any future or past action (disciplinary or evaluation process) against the disputees.
- All of the people involved, but especially the disputees, feel empowered by the process.
- The process has the added benefit of usually, but not always, improving relationships.
- The mediation process is constructive, not destructive.
- Mediation seeks to find and encourage win/win outcomes – everybody wins, no-one loses.
- Mediation does not preclude other disciplinary processes being used if necessary. So if the mediation is not terribly successful people can still, hopefully, get their issues addressed in another way.
- Mediation can also lead to happier, healthier staff with less sickness and absenteeism.
- Improvements in productivity and customer services are often noted after mediation is used.
- Mediation can lead to improvements in motivation within the workplace.
- Mediation generally improves the quality of everyone’s working life.
- A no blame culture develops – there being no right or wrong.
Therefore mediation usually leads to the following
- Good or, at least, better working relationships.
- Better team spirit and improved morale.
- Less stress.
- Better motivation.
The Benefits to the Organisation
- Mediation is quick to set up and is usually resolved in a day – therefore no prolonged wait with the resultant stresses and strains and the added possibility of cliques being formed and sides taken, which can be extremely damaging.
- Mediation is cost effective in that sickness and absenteeism is reduced, plus the cost of Employment Tribunals is significantly reduced.
- Mediation has separate "spin offs" for others in that they see conflict being resolved quickly and without rancour.
- Improves working relationships generally - especially if there is a stand alone Mediation Policy in place.
- Effective mediation discourages the need to go to expensive - in terms of money, time and the emotional cost – Employment Tribunals. This saves a lot of time for everyone and, as we all know, "time is money".
- Improved staff relationships usually results in much better customer service.
- Mediation improves the credibility and the standing of the organisation – which leads to easier recruitment and also more and better recruits to the organisation.
Therefore this usually leads to the following
- Better working relationships.
- Better team spirit and improved morale.
- Less stress.
- Better motivation for all.
- Lower staff turnover = less cost.
- Experienced and valuable staff are easier to retain.
- Trust is raised.
- Improved production.
- Rationale for the business is enhanced – everyone sees the "purpose" of the enterprise.
- Profitability will rise if there is a more settled workforce – employment costs are much lower.
- Helpful where change is taking place or about to take place, especially in relation to mergers and acquisitions.
- Less sickness is most commonly a positive outcome.
- Contains/prevents escalation of conflict.
- More constructive for relationships.
- It is about what people want/need, therefore more likely to work and be effective.
- Confidential – people can speak openly and honestly, therefore this leads to change.
- Encourages ideas and problem solving – "blame culture" is discouraged.
- It is collaborative.
- Frees up management time – not a long and drawn out investigation.
- Can solve the problem without having to use some other form of internal dispute resolution
The Benefits to Other Parties
- There is reduced sickness and fewer industrial disputes, which can lead to less disruption to the services we, as members of the public, come to expect. The refuse is always collected rather than being left to rot at the kerbside.
- Avoids a drain on the exchequer. In other words funds are not diverted from "front line services" to pay Employment Tribunal settlements and barristers’ fees.
- Levels of service maintained.
- Improvements in the home life of staff are evident which leads to less stress and conflict in the home and therefore at work.
- The "perception" of the organisation is enhanced in the eyes of the community and it becomes a "good" employer making it easier to employ quality staff.
COUNSELLING COSTS