Workplace Mediation for HR Professionals and Managers

19 July 2023

A short guide to workplace mediation for HR professionals and Managers

In this short guide we will explore what workplace mediation is and how it works in practice. We shall also look at how you can work with your mediator and what happens before and after the mediation session.


What is workplace mediation?

Mediation is a form of dispute resolution whereby you work with a neutral professional, your mediator, to help facilitate conversation and agree outcomes. Workplace mediation does not usually involve claims about money or contract performance. Issues usually relate to the relationships between members of the workforce. Mediation allows co-workers to identify issues and put in place lasting strategies for better working environments.


Mediation can be used before a grievance is raised but this is usually the trigger for action. Other indicators for co-worker unrest can include:

  • Absences
  • Appraisals and promotions
  • Bullying
  • Changes to the working environment
  • Customer complaints increase
  • Morale issues
  • Performance issues
  • Productivity issues


As an HR professional or manager, you can spot issues and use mediation as a method to de-escalate and keep the workforce on track. It is far easier to deal with niggles than a formal grievance or dispute.


What to expect from a workplace mediation

For those who have not yet experienced mediation, we have provided a short outline. Mediation is a positive process which provides a safe space for your colleagues to talk and vent and start working on strategies and outcomes that work. It’s a confidential process and your mediator will not share the details of conversations with anyone outside of the mediation. However, your mediator will report specific outcomes and will seek approval of any element that requires authorisation from a decision maker.

 

Timings and delivery of mediation:

Mediation is usually a full day (8 hours) plus preparation and any follow up support needed. Your mediator will attend your place of work if you have a suitable space to hold the mediation, or we can arrange a venue.


Mediation can be conducted online (video/telephone) and may take place over a course of sessions. Your mediator will discuss your needs and ensure that everything is arranged in good time.


The preparation will include a pre-mediation call with each co-worker. This is to introduce the mediator, find out about the core issues, and set the scene for the day. This session is no more than 30 minutes and will be a chance for the co-worker to ask questions and start to prepare for the day.

 

Following the mediation:

Your mediator will schedule a call with each co-worker to check-in and help ensure that what was agreed is still on track. This session will help the co-workers to work through any pragmatic barriers and find solutions to post-mediation agreement issues. If further input is requested or identified, your mediator will feed this back to you and seek approval.


Is mediation embedded in our internal policy and procedure?

Mediation is a form of neutral support. Some organisations take the step of embedding this into their culture and grievance/disciplinary processes. Your organisation may have an existing policy or procedure which compels the consideration or use of mediation when a grievance is raised. If you need a policy or wording, please ask us for our template which you can adapt.


Having mediation embedded into your organisation provides a clear message about your culture and how you deal with co-worker disputes. Mediation provides a time-saving device too. Engaging with this model reduces the impact on HR and management to investigate matters that can be dealt with locally and swiftly. This enables only the most intractable conflicts and disputes to proceed to a formal internal procedure such as a grievance hearing.

 

When should we engage with a mediator?

Mediation is a useful tool for HR practitioners and managers. It is thought of as a method of fixing issues. However, the skills of a mediator can be used to better manage situations and reduce the existence of formal conflict.


HR Professionals and managers can learn and implement the principles of mediation and work with colleagues to embed a positive and fair culture when co-workers show signs of workplace relationship fatigue or distress.


The values and principles of mediation should be adopted as soon as a co-worker raises an issue with their line manager or with the HR team. Mediation can be as informal as an hour with a neutral team member to talk through issues and help clarify a situation.


Mediation should therefore be seen as an effective tool in the HR professional's and manager's toolbox rather than a last step before a tribunal hearing.


Finding the right practitioner

Workplace mediation has similarities to other forms of mediation. However, it has quite distinct nuances that require some consideration.


Whilst we advocate that workplace mediation can be conducted by any practitioner, having an understanding of workplace issues, and being involved in dispute management or resolution between co-workers are a must.


Searching for the right practitioner is now much easier with us. Head to our dispute resolution search page and enter what you are looking for. You will be able to shortlist professionals and request quotes through the portal.


What should you look for? We suggest entering terms that relate to the issues you are dealing with i.e. co-worker disputes, grievances, pay issues, bullying, and similar. The system will provide you with options and you can shortlist or contact your professionals directly.


Working with the parties (co-workers)

Your mediator will spend time with each party (co-worker). This is likely to include 1-2-1 time as well as joint meetings.


During a 1-2-1 session, your mediator will explore the issues from each person’s perspective and take the time to listen. They may help with understanding and re-phrasing so that the communication is as clear as possible between those involved. There may be information that the individual does not want to share with the other person and the mediator will keep this confidential.


During a joint meeting, your mediator will encourage conversation and sharing of issues. Each person will have uninterrupted speaking time, and the role of the mediator is to provide a space for each person to speak and for the other(s) to listen. This can take some time and is never rushed. It is a vital step towards resolution because everyone needs clarity about the underlying issues, and these cannot be resolved without understanding them fully.


When the parties are ready, the mediator will move towards thinking about what they can offer or are looking for. This discussion may come easily or it may be sensitive and take some time. Again, this will not be rushed. In some rare occasions, the parties are not ready to get to resolution during the mediation. However, following the mediation and a period of reflection, the parties may decide and agree on their own outcomes.  


Where an agreement has been reached, this will be documented as a reference point for the co-workers. This agreement may be shared with HR if it is appropriate to do so or there is a requirement such as gaining authorisation for identified actions. The agreement is not a legal document but is an internal reminder of what each person has agreed to and what happens if the agreed terms are not adhered to.


The relationship with your mediator

The relationship between HR and the mediator is important. It is not too dissimilar to working with a legal or other external professional. The employer is the commissioning agent and as such your mediator will update you as to progress and outcomes but never the details discussed.


Your mediator will work with you to ensure that the arrangements are in place for the mediation to take place. They will ask you to:

  • ·Collate the agreement to mediate (terms of conducting the mediation)
  • Gain authorisation to proceed and PO or other financial requirements to be completed
  • Share contact details so that the co-workers can be contacted directly by your mediator
  • Share the request form for mediation (key information about the issues and needs)
  • Confirm the venue and other formal arrangements
  • Confirm post-mediation support or additional sessions and seek approval for these

 

What happens following a workplace mediation?

Mediation is usually very successful where the parties are fully engaged in the process and genuinely want to achieve resolution. Where this happens, an agreement is drawn up. This is a short document which sets out the key actions and obligations with timings and deadlines. These agreements are normally adhered to because they have come to the agreement without compulsion and of their own free will. Mediation will have addressed these issues and empower the parties to self-manage future situations. Your mediator will contact the parties in a few weeks following the mediation to ensure that they are on track and further intervention, or support is not needed.


In the rare occasion where an agreement has not been reached, your mediator will confirm this to you. This will provide you with an opportunity to continue with your usual procedures. You may need to speak to a professional about managing the situation or team training. Talk to your mediator about support options available to you as an organisation.  


Need help with a workplace matter?

The Dispute Resolution Agency has a global team of workplace experts. We pride ourselves on having practitioners with relevant expertise and experience to help you and your colleagues achieve resolution. If you need support with any element of workplace conflict, please speak to our team on 03300 431 757 (UK) or by emailing help@disputeresolutionagency.com. You can also search our directory and find a professional here: https://www.disputeresolutionagency.com/workplace-dispute-resolution

Expert Advice

Case Study: Resolving a Business Dispute through Mediation

17 December 2024
Business Owner vs. National Retailer Introduction: Small business owner, Sarah, had been running her boutique clothing store for five years when she noticed that one of her designs was being sold at a national retail chain. After conducting further investigation, she discovered that the retailer had copied her design without permission and was making a significant profit from it. Feeling frustrated and violated, Sarah sought legal advice and was advised to take legal action against the retailer. Problem: Sarah faced two major obstacles in this situation - first, taking legal action would be time-consuming and expensive for her small business. Secondly, there was no guarantee that she would win the case and receive the compensation she deserved. On the other hand, the national retailer had a team of lawyers and could afford to prolong the legal battle. Solution: Instead of going straight to court, Sarah decided to try mediation as an alternative dispute resolution method. She reached out to a professional mediator who specialised in business disputes and explained her situation. The mediator suggested that they invite representatives from both parties for a mediation session. During the mediation session, Sarah presented her evidence and explained how the retailer had copied her design without permission or any form of compensation. The representatives from the retailer argued that they were not aware of Sarah's design and claimed that it was merely a coincidence. Outcome: Through effective communication facilitated by the mediator, Sarah and the retailer's representatives were able to understand each other's perspectives. The mediator also helped them identify the strengths and weaknesses of their cases. With the help of the mediator, a compromise was reached - the national retailer agreed to pay Sarah £75,000 in compensation for using her design without permission. In exchange, Sarah allowed them to continue selling the design with proper licensing and royalties. Benefits of Mediation: This successful mediation not only saved both parties time and money but also allowed them to maintain a positive business relationship. By avoiding a lengthy legal battle, they were able to focus on their businesses instead of being consumed by conflict. Moreover, through active listening and effective communication during the mediation session, both parties were able to understand each other's concerns and find a mutually beneficial solution. This helped them build trust and respect, which could have been damaged if they had gone to court. Conclusion: This case study highlights the effectiveness of mediation in resolving business disputes. It not only helps save time and money but also promotes better communication and understanding between conflicting parties. As a small business owner, Sarah was able to protect her rights and receive fair compensation without having to go through the stress of a legal battle. Mediation can be a powerful tool for SMEs in resolving conflicts and maintaining positive relationships with other businesses. So, it is important for business owners to consider this alternative method before resorting to legal action. As the saying goes, "a stitch in time saves nine," proactive early intervention through mediation can prevent conflicts from escalating and benefit all parties involved. Overall, mastering conflict resolution skills and using effective communication strategies can empower business owners to navigate disputes with confidence and care, leading to better outcomes for themselves and their businesses. In conclusion, resolving conflicts in business is not always easy, but it is essential for maintaining healthy relationships and promoting a positive working culture. Through mediation, active listening, crisis management techniques, and negotiation skills - business owners can effectively resolve disputes and turn them into opportunities for growth and collaboration. By learning from case studies of successful resolutions like Sarah's, SMEs can build a conflict-resilient culture and achieve long-term success in their industry. So, it is crucial to prioritize conflict resolution strategies and invest in building strong communication skills to navigate any legal disputes that may arise with confidence and care. Remember, effective conflict resolution is not about "winning" or "losing," but rather finding a solution that benefits all parties involved. Mediation provides a neutral ground for productive discussions and helps avoid the emotional and financial toll of going to court. With the increasing use of technology in modern dispute resolution, SMEs can now access mediation services remotely, making it even more convenient and cost-effective. In today's fast-paced business world, conflicts are inevitable. However, how we handle them can make all the difference. Mediation offers a collaborative and efficient way to resolve disputes, making it an essential tool for SMEs to have in their arsenal. By promoting understanding and finding win-win solutions, mediation can help businesses build stronger relationships and foster a positive environment for growth and success. So whether you are a small business owner or part of a larger corporation, consider mediation as your first course of action when faced with a potential legal dispute. It may just save you time, money, and unnecessary stress while also preserving important business relationships. As Sarah learned from her experience - mediation is not only about resolving conflicts but also about creating a win-win situation for all parties involved. So, embrace this conflict resolution method and watch your business thrive. Always remember that effective communication and collaboration can turn any conflict into an opportunity for growth and success. Empower yourself with the necessary skills and resources to handle conflicts in a proactive and positive manner, and you will be on your way to creating a healthier and more productive work environment for your business.

Case Study: Resolving a Landlord-Tenant Dispute through Mediation

by Will Chalmers • 3 December 2024
The Scenario: John had been renting an apartment from his landlord, Mr. Smith, for two years. However, in the last few months, John noticed mould and dampness starting to appear on the walls of his bedroom. Despite repeatedly bringing this issue to Mr. Smith's attention, no significant action was taken to address it. Frustrated with the lack of response and increasing health concerns caused by the mould, John decided to withhold rent until the issue was resolved. This led to a heated argument between John and Mr. Smith, with both parties unwilling to budge from their respective positions. The Conflict: John felt that he was entitled to a habitable living space, and the presence of mould and dampness was a breach of his rights as a tenant. On the other hand, Mr. Smith argued that John's negligence in maintaining proper ventilation and reporting the issue promptly led to the growth of mould. The conflict escalated quickly, with John threatening to move out and Mr. Smith considering legal action for unpaid rent. The Mediation Process: At this point, both parties decided to seek mediation services before taking any further action. A mediator was appointed, and both John and Mr. Smith were given an opportunity to express their concerns in a neutral setting. The mediator helped facilitate communication between John and Mr. Smith, allowing them to understand each other's perspectives and come up with a mutually agreeable solution. Through open dialogue, it became clear that the root cause of the mould issue was a combination of poor ventilation in the apartment and John's failure to report it promptly. The Outcome: With the help of mediation, John and Mr. Smith were able to reach a resolution that benefited both parties. Mr. Smith agreed to hire professionals to fix the ventilation system and address the mould issue, while John agreed to take responsibility for maintaining proper ventilation in his apartment. Additionally, an agreement was made for John to pay reduced rent until the issue was fully resolved, and he would receive compensation for any expenses incurred due to the mould. Conclusion: Thanks to mediation, John and Mr. Smith were able to resolve their dispute amicably and find a solution that worked for both of them. The mediator helped facilitate open communication, understanding, and collaboration between the landlord and tenant, allowing them to address the root cause of their conflict and find a mutually beneficial resolution. This successful outcome highlights the benefits of using mediation in landlord-tenant disputes. It not only helps resolve immediate conflicts but also promotes better communication and prevents future issues from arising. In this case, mediation was a cost-effective and efficient way to address the issue without resorting to expensive legal proceedings or damaging the landlord-tenant relationship. So, it is always worth considering mediation as a first step in resolving any disputes between landlords and tenants. After all, finding a mutually beneficial solution is more valuable than winning an argument. Need help with your Landlord and Tenant issues? Contact us by calling 03300 431 757 or via help@disputeresolutionagency.com or check out our Housing Resolution page for more information .

Case Study: Resolving a Workplace Dispute through Mediation

by Will Chalmers • 13 November 2024
The Scenario: Samantha had been working as a sales executive at a multinational company for five years. She was an efficient and dedicated employee who always met her targets and received positive feedback from clients. However, Samantha felt that she was being treated unfairly by her line manager, Mr. Smith. She noticed that her male colleagues were receiving higher salaries despite having similar job roles and responsibilities. Feeling frustrated and undervalued, Samantha decided to confront Mr. Smith about the pay disparity.  However, instead of addressing the issue, Mr. Smith dismissed her concerns and told her to focus on her work instead of worrying about other employees' salaries. This response only added to Samantha's frustration, and she began to feel demotivated and unappreciated. The Conflict: Samantha felt that Mr. Smith's dismissive attitude was a form of discrimination, and her repeated attempts to address the issue were being ignored. She also noticed instances where Mr. Smith would give preferential treatment to male colleagues, such as assigning them high-profile projects or allowing them more flexibility with their schedules. Samantha decided it was time to take action and considered submitting a formal grievance against Mr. Smith for unfair treatment and gender-based pay discrimination. However, before taking any legal action, she reached out to the company's HR department for mediation services. The Mediation Process: A trained mediator was assigned to Samantha's case, and both parties were given the opportunity to express their concerns in a safe and neutral environment. The mediator helped facilitate open and honest communication between Samantha and Mr. Smith, allowing them to understand each other's perspectives. While Mr. Smith initially denied any discrimination or unfair treatment, the mediator encouraged him to listen actively and consider the impact of his actions on Samantha's morale and job satisfaction. Through effective communication techniques, the mediator helped both parties identify the root cause of their conflict – lack of transparency in salary negotiations and unconscious bias towards gender roles. The Outcome: With the help of mediation, Samantha and Mr. Smith were able to reach a mutually beneficial agreement. Samantha was given a raise to match her male colleagues' salary, and she was also allowed more flexibility in her schedule to balance her work and personal life. In return, Samantha agreed to take on additional responsibilities and actively participate in the company's gender equality initiatives. The mediation process not only helped resolve the immediate conflict between Samantha and Mr. Smith but also promoted better understanding and communication within the workplace. It created a win-win situation for both parties by addressing the underlying issues and finding a solution that benefited everyone involved. Conclusion: Samantha's case is an excellent example of how mediation can effectively resolve workplace conflicts without resorting to formal grievances or legal action. By providing a safe and neutral space for dialogue, mediation can help parties understand each other's perspectives and find common ground for resolving disputes. In this case, Samantha was able to secure fair treatment and equal pay, while Mr. Smith learned the importance of transparency and unbiased decision-making in the workplace. This successful outcome highlights the benefits of utilising mediation in business settings, especially for small and medium-sized enterprises. By promoting open communication, understanding, and collaboration, mediation can foster a positive work environment that supports growth and success for both employees and the company as a whole. So next time your SME is faced with a workplace dispute, consider mediation as an effective way to resolve conflicts and preserve valuable relationships within your organisation. Need help with your workplace conflict or dispute? Contact us on 03300 431 757 or by email via help@disputeresolutionagency.com or check out our page on workplace mediation .

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