Mediation
Consider these scenarios
Josef is having difficulty changing his management style to meet the needs of his new UK job – “things are managed differently here”. His staff say he is a bully – he is distraught that his management style could be seen as bullying
John and Jo, who both work in credit control, have been an ‘item’ for six months but sadly it is all over now and they are having difficulty working together.
Sally has suffered a nervous breakdown and has been off sick for six months. She is having great difficulty reintegrating into work – there are new people and new processes. She feels she is being victimised for being off sick
Your organisation has to diversify its product range as a means of surviving the credit crunch. Anna is unhappy with her new job description which requires her to lose some of her favourite tasks and take on some new ones.
What these scenarios all have in common is that they are situations that are disruptive, cause de-motivation, loss of employee engagement, bad feeling, reduced customer care and quality and are difficult to manage. But all are situations that would respond to mediation.
So what is mediation? Mediation is when an independent third party works with the individuals concerned to help them find a resolution which meets both/all their needs and which will allow them and the organisation to move on. The key objectives of mediation are to:
- Help the protagonists to generate a mutually acceptable solution to their problem
- Re-establish the working relationship; and
- Create a written agreement that will condition their behaviour into the future
Mediators do not impose, or even suggest, a solution.
The business case for using mediation is unequivocal. With the cost of recruitment at around £6,000 for a junior post and nearer £15,000 for a senior post plus the initial reduced efficiency costs and any necessary training of a new post holder, avoiding recruitment or sickness absence makes good business sense. The costs get even higher if there’s a risk of an Employment Tribunal claim, of course and the appointment of a mediator can be shown as good practice in your handling of a grievance.
What does a mediator actually do? First of all those involved meet - the individuals are seen separately in order to understand their point of view. There will then follow a joint meeting which the mediator will manage under strict ground rules and during which the mediator will help the individuals explain to each other how they individually perceive the problem and how it makes them feel. There will then be an opportunity for the individuals to generate solutions to their problem until a way forward is found that is mutually acceptable. The agreement will be committed to paper and signed by both parties.
The process normally includes a follow-up meeting with the original mediator after two or three months at which the parties review how things have gone with the opportunity to fine-tune the agreement they came to.
Here is a real life example.
Eight people work together in a small office. Tom, a new member of staff, makes an unacceptable comment to Betty who makes a complaint of sexual harassment. Investigation shows that the comment had been misconstrued and Tom is given a final written warning.
Betty feels unable to come to work whilst Tom remains in the office and goes long term sick with stress.
Mediation allowed Betty to explain to Tom how she felt. Tom learnt a valuable lesson about the effect of sexual harassment and the two agreed rules for working together. Betty returns to work.
Three months later the review found that the agreement had covered their concerns and the new arrangement was working well.
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