Workplace Mediation Explained
 Download
the full ScotCoach Workplace Mediation Fact Sheet (256kb)
Workplace Mediation provides a range of benefits to
managers and staff within organisations. Mediation is
beneficial because:
-
It offers a cost
effective alternative to lengthy and unnecessary
investigation or litigation
-
It is a very efficient
process that saves time and money
-
The focus is on
finding and implementing positive and productive
solutions to disputes
Many workplace conflicts,
grievances and disputes are suitable for mediation.
However, cases involving serious misconduct or issues
related to power issues may not be suitable. ScotCoach
always assesses each individual case for suitability
before commencing mediation.
ScotCoach have successfully
mediated in the following types of situations:
-
Allegations of bullying
and harassment
-
Conflict between managers
-
Disagreement between
members of a team about roles and responsibilities
-
Conflict arising from
acquisition and change
-
Arguments over management
roles
-
Issues related to the
sale of a business
In our experience, workplace mediations can take as
little as ½ day and as long as several days. A deciding
factor will be how many parties are involved (2 to many)
and the types of issues needing mediation. On average we
find most workplace mediations take one day.
We offer a fixed daily rate that is very competitive,
email us for details.
Just call us on (tel) 01975641333 or
email us to arrange the next steps.
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Depending upon the issues involved and the number of
parties in a conflict situation ScotCoach will either
mediate using one mediator or co-mediate with one or two
other mediators.
If mediating alone ScotCoach will always allocate a lead
mediator who must have a minimum of five (5) years
practical experience with workplace mediation.
When using co-mediation ScotCoach will always
allocate at least one lead mediator.
All ScotCoach mediators:
-
hold suitable
professional credentials & qualifications
-
have qualifications in
counselling, psychotherapy and/or psychological
practice
-
have experience in human
resource management or have relevant knowledge and
experience in employment law
-
have professional
supervision
-
undergo continuing
professional development
-
adhere to the
ScotCoach
Ethical Guidelines
The 7-Step ‘Eastburn Model’ for Effective Workplace
Mediation
The
Eastburn Model was developed by the lead Mediators in
ScotCoach, Caitlin and Tony Buon during their
professional practice as mediators and trainers over the
past 20 years.
This
Model is somewhere between the problem solving and
transformative models of mediation and utilises aspects
of both approaches.
1.
Pre-mediation Stage- 90 minute individual sessions with
each party
a.
Assessment of suitability of issues and parties
b.
Clarify & adjust expectations about outcomes
c.
Obtain statement of willingness to participate
d.
Build initial rapport with parties
e.
Arrange suitable and agreed neutral venue
f.
Establish working principles, confidentiality, educate
You can
download our standard mediation agreement
(guidelines) that is signed by all parties before
workplace mediation commences.
2.
Mediation Commences
a.
Initial private caucus with each party – depending upon when the
pre-mediation stage was held this may take as little as
5-10 minutes or may take up to 30 minutes
3.
Opening statements
a.
Mediator(s),
b.
Parties – each party makes an uninterrupted opening statement of no
more then 5 minutes in duration
4.
Identify the Issues
a.
Individuals individually review their position & underlying needs
b.
Reframing and prioritising of issues
c.
Private caucus with each party (can occur at any time in process)
d.
Initial settlement offers sought
5.
Fact-finding and issue definition
a.
Defining issues & setting agenda
b.
Parties together or in separate rooms (shuttle)
c.
Clarify communications
d.
Assist parties to vent emotions
e.
Brainstorming, negotiation, assumptions, reframing
f.
Focus on the future
g.
Exploration of initial settlement offers and approach to resolution
h.
Incremental convergence of positions
6.
Reach
Agreement
a.
Settlement agreed or agreement to pause or end mediation
b.
Confirm understanding of commitments made
c.
Formulate & sign agreement, if appropriate
d.
Possible pause to ‘sleep on it’
e.
Evaluation & monitoring procedure
f.
Close mediation
7.
Follow Up
a.
Agreed follow up between parties to gauge if agreement is working
b.
Adjust or reinforce areas of agreement
c.
Possible re-mediation
How Successful is Mediation? -
Outcomes
In our experience, in excess of 85% of mediations
result in a workable agreement and so it is highly
successful when compared with other interventions.
Sometimes people believe
that mediation is always a case of arriving at a
‘win-win’ outcome. This can be distressing to one or
more parties as they are of the view that someone needs
to ‘take the blame’ or accept responsibility for what
has occurred.
Others may feel that they
have unjustly been asked to ‘take the blame’ for one
thing or another and are therefore concerned that this
will be repeated during the mediation process.
Employees are very often
right to feel this way and it is important to understand
that mediation is not about glossing over the facts or
the truth and that invariably one or more of the parties
does need to accept responsibility for some aspect of
their behaviour or the problem.
However, no one can
predict what each person (if anyone) will end up taking
responsibility for until the process takes place as
again it is stressed that the outcomes are in the hands
of the parties to the dispute.
Employees also need to
understand that there is no expectation or requirement
on them to have to arrive at a resolution if they
genuinely do not feel that this is possible and that
they can come to this conclusion at any stage of the
process without incurring any subsequent reprisals or
sanctions by management.
What is key is that there
are no preconceived ideas about the outcomes by the
mediators or management and that the mediators are
impartial at all times.
The mediators do not
investigate any alleged conduct and do not arrive at
findings or conclusions about anyone’s conduct; it is
rather very much about respecting the dignity and
experience of everyone involved and attempting to find a
way forward for all concerned if this is at all
possible.
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Whilst the parties are responsible for arriving at a
resolution, the mediators maintain control of the
process at all times and ensure that all parties behave
respectfully and appropriately throughout.
The
mediator does not impose a solution on the parties as it
will be up to the employees engaged in the mediation
process to arrive together at a resolution that all feel
they can live with.
The
mediators will assist the parties to identify the
problems and facilitate a safe and respectful discussion
and explore whether a settlement or resolution is
possible.
Mediation is always voluntary. No one is ever forced,
nor should they be coerced to participate. No one
"sends" participants to mediation and no one enforces
any agreement reached. The parties must choose
mediation, or it will not happen, and chose to abide by
their agreement (if one is reached). Mediators maintain
complete confidentiality and parties are asked at the
outset to sign a Participant Guidelines and
Confidentiality Agreement that indicates their
willingness to abide by these parameters.
The
voluntary nature of mediation is one of its strengths
and must be observed by all if it is to have a chance of
succeeding. It is therefore extremely important that
employees do not feel that they may be sanctioned in
some way if they do not choose to attempt mediation.
Workplace mediation is also informal in nature and is
not part of the formal grievance handling procedure. As
such no formal notes or minutes are taken during the
mediation sessions.
Participants and the mediator are able to make
hand-written notes for their own personal use during the
mediation process but these are then destroyed at the
end of the process.
The
independence of the mediator is essential if all parties
are to feel that the process is being conducted in an
impartial manner. This can be difficult to achieve
sometimes when using internal mediators as there are
always connections between people at work which may lead
one or more parties to feel that a particular colleague
is unacceptable to them as a mediator as they may not
feel that they are capable of being neutral and
impartial.
For
this reason it is important to have a range of employees
drawn from a cross section of operational areas who are
available to perform this role as this will increase the
likelihood of both parties feeling comfortable with the
choice of mediator.
Whether an agreement is
reached or not the detail of what is discussed during
the various individual and group sessions is
confidential and the parties and mediators are bound by
an agreement not to disclose the content of the
discussions to anyone outside of the process, unless
express permission is given by the parties to do so.
Where an agreement has been
reached, the parties may wish to prepare a written
agreement or even multiple agreements. A copy of any
agreement/s is to be kept by the parties, the mediators
and the HR and/or commissioning manager.
No agreements will be
allowed to be entered into which are in breach of an
employee’s rights or entitlements or which may alter the
working conditions of another person. Where an aspect of
any agreement may have an impact on the business needs
or resources these issues are canvassed with the
commissioning manager during the mediation process prior
to any agreement being reached.
Agreements of a commercial
nature and/or compromise agreements will not be entered
into as a result of workplace mediation and would need
to be arrived through an appropriate separate process.
Informal hand written notes
may be taken by the parties and mediators throughout the
process but no notes are to be kept by the parties or
the mediators following any of the sessions and any
notes taken throughout the process are to be destroyed
in the presence of the mediators.
Agreements arrived through
workplace mediation are not enforceable by law or the
disciplinary procedures of an organisation and are
entirely dependent upon the goodwill of the parties to
the agreement.
Whilst the mediators and
parties enter into a voluntary confidentiality agreement
with each other it is important for all involved to know
and understand that the mediators will need to provide a
report to the commissioning manager about any matters
that arise which may incur a duty of care or other
issues that will have a significant impact on the
business. Where such matters are to be disclosed by the
mediator this would be discussed with the parties before
hand.
It may also be agreed with
the parties that it would be helpful for the mediator to
convey some aspects of the matters discussed during the
mediation process so that additional resources or
support can be put in place for the individuals
concerned.
Workplace mediation is a non-prejudicial process. In
the event that the mediation does not arrive at a
resolution or where an agreement subsequently breaks
down employees are therefore entitled to pursue further
action either by making a formal complaint or taking
legal action.
In the event that the
mediation does not arrive at a resolution or where an
agreement subsequently breaks down employees are
entitled to pursue further action either by making a
formal complaint or taking legal action.
In this sense mediation is
non-prejudicial and employees do not waive their rights
to organisational due process by agreeing to
participate.
It is accepted practice
that employees or mediators are not required to give
evidence at court or during a formal investigation about
anything that has been said at any of the sessions.
Where agreements
subsequently break down it is essential that a follow up
process has also been agreed to during the mediation
which is to be followed by all concerned, so that the
conflict is not allowed to escalate again and so that
the business does not experience further unnecessary
disruption.
What follows are some of
the key areas where misconceptions arise about workplace
mediation and a brief overview of the best practice
approach adopted by ScotCoach in its own practice.
1.
The External Mediator Solves
the Problem
For The Parties
The mediators do not impose
a solution on the parties as it will be up to the
employees engaged in the mediation process to arrive
together at a resolution that all feel they can live
with.
The mediators are trained
independent people whose role will be to assist the
parties to identify the problems and facilitate a safe
and respectful discussion and explore whether a
settlement or resolution is possible.
2.
Willingness to Participate
All that is required
initially is that the parties feel a willingness to
attempt the resolution process. This does not have to
mean that they like the other person or will end up
liking them or befriending them, only that they are
willing to enter into a frank and honest discussion of
the issues in an effort to resolve them.
Parties are also free to
end or pause their involvement in the process at any
time if they feel that they are either too distressed or
lose faith in the process to arrive at a resolution.
3.
The Parties Need to Be in The
Same Room From The Outset
If employees are initially
too distressed to meet face to face with each other it
is possible to conduct parts of the process using a
‘shuttle method’ whereby the parties are interviewed in
separate rooms and if at any time they feel comfortable
enough they can then be brought together. However it is
possible to use a shuttle approach throughout the entire
process if needed or a combination of approaches can be
used that suits the needs of the parties and the issues
involved.
Parties to the process can
expect to be asked to consider and discuss their needs,
fears and expectations for the future and to make
statements about what they believe would solve the
problem and then to enter into a negotiation process to
attempt to arrive at a resolution.
Each person is met with
individually in the first instance to confidentially
discuss each person’s issues and to assess if the
conflict is suitable for mediation. Once it has been
assessed as suitable and the parties have agreed to
proceed with the mediation the parties can then be
brought together.
At the present time there is
no independent professional mediation association or
organisation accrediting, licensing or certifying
workplace mediators in the UK. As such there is no
recognised standard training for mediators and no system
of regulation (Scotsman,
10 April, 2007).
The
Scottish
Mediation Network (SMN) has been consulting on a
plan for a new register of mediators, which will aim to
set benchmark standards, both for individual mediators
and trainers.
Download
the full ScotCoach Workplace Mediation Fact Sheet
(256kb)
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