How Successful Is Organisational & Workplace Mediation?

The mediation process improves communication, diffuses emotions, deescalates the conflict and limits its effects. It defines areas of agreement leading to successful resolutions in 80% of cases (Labour Relations Commission, 2003). Where the parties in mediation do not reach full settlement, parts of the disputes may be resolved, leaving fewer differences to be dealt with in arbitration or litigation.

In the case of bullying, 98% of those who report bullying just want it to stop. The role of mediation is to create the forum where misunderstandings and differing expectations can be safely aired.

Types of Disputes Suitable for Organisational & Workplace Mediation

Do you find that you are frequently dealing with complaints from employees about their negative experiences with others in the organisation?
Do you brush over conflicts only to find that they keep resurfacing?
Are you concerned that it may only be a matter of time before you have a case of bullying or sexual harassment on your hands?
Are you and your staff losing productive time and resources dealing with conflict?
Could absenteeism in your organisation be caused by conflicts and stress?
Is it possible that some of your best employees have left due to conflict with management or other staff?
How difficult is it for you to introduce any organisational change? Are there clashes every time decisions are made?
Are there poor staff team dynamics with inter and intra staff team difficulties?

The Context for Organisational & Workplace Mediation

Three pieces of legislation are having a major effect on today’s workplace:
1)The Health & Safety Act, 1989 and the Safety, Health and Welfare at Work Regulations, 1993 and 2001. 2) The Employment Equality Acts, 1998 and 2004. 3)The Equal Status Acts, 2000 to 2004.

These Acts deal with Employment Equality, The Outlawing of Discrimination on Nine Specific Grounds, Workplace Stress and Bullying, Sexual Harassment and Harassment.

The Acts put the onus on employers to create a safe place of work for their employees and deem that employers are vicariously liable for the behaviour of their employees, whether or not incidences occur with the knowledge of the employer, either in the work base or at organisational events and functions. Mediation is the most effective method of handing complaints and disputes that arise with respect to these Acts.

The Benefits of Mediation

Mediation is the least costly and the most efficient of other approaches to address conflict, such as arbitration, litigation or industrial dispute. It considerably reduces the stress and time investment of managers, supervisors and other employees in the dispute. Those affected by conflict, either directly or indirectly, can begin to invest in the job that they are employed to do, rather than investing their resources and energy into worrying and coping with the conflict that they are experiencing.

Mediation reduces the risk of losing good employees who may leave their employment because of the stress they face in the workplace.

Mediation contributes to short-term and to long-term solutions that are workable because they address the interests of both parties and of the organisation. Mediation gives the parties the opportunity to present their case to each other before a neutral third party in a way that indicates the strength of their feelings and highlights aspects of significance to them.

The mediation process allows parties to have ownership of the process and, because of this, the parties consequently take responsibility for the development and the implementation of their agreement. This leads to their satisfaction with the outcome and to sustainable resolution. It allows parties to maintain dignity and respect and therefore leads to better relationships between the parties in the long term – it is a ‘win-win’ situation for all. Mediation builds the skills of parties so that they will be able to handle future conflicts more effectively.

Parties can enter into mediation without jeopardising their other dispute resolution options, privacy and confidentiality is maintained and the risks in employing mediation are low and the potential for a successful outcome is high.

References

References will be supplied upon request.