When a grievance lands on your desk, often the immediate reaction is to start an investigation and formalise the process. In some cases, mediation might be recommended as an outcome of the investigation. Yet, in many cases, you can resolve workplace conflict more successfully if you proactively start with mediation instead.
Mediation isn’t always the right solution, and not everyone truly understands how workplace mediation differs from a grievance process. It’s why it’s important you explore the options with your employee(s) so they can choose whether mediation is the right process for them. Start by sharing:
- What workplace mediation is and how it works
- Factors that support effective mediation
- When mediation is the best option
- Finding a workplace mediator
What workplace mediation is
Mediation is a completely voluntary and confidential process. An independent facilitator, or mediator, enables a conversation between two parties to build understanding, gain insight on an issue, and hopefully, reach a resolution.
It typically takes far less time than a formal grievance process. It also creates a situation where individuals are empowered to find their own way forward, leading to more lasting resolutions.
Mediation isn’t about proving who’s right or wrong, or looking at what’s already happened. Rather, it focuses on how a situation has affected those involved and seeks way to help them work together going forward.
How mediation works
Workplace mediation follows three key steps:
- The pre-meeting.
The mediator meets with individuals separately, giving them the opportunity to prepare their thoughts and consider other possible perspectives. They also get chance to work out what successful outcomes are for them personally.
At this stage, they may decide mediation isn’t right for them. In that case, the process stops. Mediation must be a voluntary decision for it to work.
- Coming together.
Both parties come together in a neutral (and ideally off site) location. The mediator facilitates a conversation where both parties share their thoughts and feelings, and gain insights into the other person’s views or motivations.
- The resolution.
Through discussion, the mediator supports the parties to hopefully find a mutually agreed resolution. They each confirm next steps, and agree what, if anything, will be shared with management and/or HR.
Key factors for successful workplace mediation
- It’s voluntary: Mediation isn’t a case of just putting the parties in a room together to ‘sort it out for themselves’. It must be something both parties commit to, and no-one can feel coerced into taking part. If one party elects not to proceed, at any stage, mediation stops. As the employer, you can’t force anyone to participate in mediation.
- You need an open mind: People need support to challenge their own thinking and understand their own motivations, needs and reactions, as well as recognising the needs and reactions of others. A skilled mediator helps them do that by encouraging deeper conversations. They allow participants to express emotions, and support them by prompting questions which identify how changes might be achieved for mutual benefit.
- It’s a safe space: Employees must feel confident they can be open and honest about their feelings. The mediator looks to provide a safe, confidential space, where all parties can share their thoughts and work through the real issues.
Fundamentally, the key to successful mediation is trust. Those volunteering for mediation must feel comfortable any details they share will remain confidential. It’s critical they’re certain the other party and mediator won’t share any details outside the room, unless agreed in advance. Otherwise, the whole process falls apart, mediation is unsuccessful, and you end up back in a grievance scenario.
Choosing the best option: grievance investigation or mediation
When faced with conflict, the default option is often to start a grievance investigation, and there are many times when that’s the right option. Some processes are complex and involve all sorts of accusations and issues where an investigation may be the only way to unpick them. Ideally, however, mediation should always be seriously considered and offered to the individual as an option.
Investigations are useful for focusing on facts and evidence, but they aren’t always best placed to support someone’s emotional needs. Instead, they can result in:
- People feeling abandoned or disempowered as decisions are imposed by someone else in the organisation.
- A poor investigator leaving one, or both, parties feeling unheard, even if the investigation reaches a fair conclusion.
- Individuals feeling judged for their actions or responses as a sense of right and wrong appears.
More important than any of these factors though, is the working relationship. The individual still finds themselves in a difficult situation, which has likely deteriorated because of the grievance process. Worse still, they have no obvious way to remedy the situation, even when their grievance is upheld.
So, what’s the alternative? A proactive Resolution (not grievance) Policy. This introduces workplace mediation during the informal stage of any employee concern. It becomes the first step employees are encouraged to take, and can be particularly effective when you observe:
- Damaged relationships. The formality of grievances can cause people to become entrenched in their approach, making reconciliation almost impossible. Mediation allows you to get to the heart of the issue and helps people to work through conflicts quickly.
- Communication problems. The potential for miscommunication increases when people stop talking, and productivity typically drops. Introducing a mediator can address the root problem and help get productivity levels back.
- Bullying and, sometimes, harassment. These issues can often involve a number of processes (e.g. disciplinary investigations and hearings). Mediation, however, allows individuals to express their concern or upset with colleagues. They can decide on proactive steps to improve awareness and move the relationship forward.
Where to find a workplace mediator
Many people know me as a specialist workplace investigator for grievances, disciplinaries, change issues and other employment concerns. I’m also a trained workplace mediator.
There are many times when my detective skills help individuals resolve conflict or upset. It’s all about diving into the detail of the situation, creating a safe environment for people to share their experiences, and picking up on the nuances of the discussion to understand the real issue.
So, if you have an issue that might benefit from mediation, call the HR Detective hotline. Let’s address it and encourage your team to move on in a proactive, positive way.
