An introduction to workplace
mediation
Sharon Neal
Learning and Development Centre
What we will cover
•
•
•
•
Definition of mediation
What mediation is, isn’t and can achieve
Quick demonstration using a case study
Questions and answers
What is mediation?
What is mediation? 1
• An alternative method of dispute resolution
• A conversation between parties who are in
disagreement, which can happen in part without
them both being in the same room at once (and
we’re not talking about video-conferencing!)
• A facilitated opportunity to find a mutually agreed
resolution to a disagreement
• Future orientated rather than harping on the past
• Not concerned about who is right and who is
wrong, therefore omni-partial and non judgmental
What is mediation? 2
• Voluntary
• Non binding, unless and until the parties
agree to a resolution and to be bound by it
• Confidential
• Non prejudicial (doesn’t affect statutory rights)
• Aims to enable the parties, not the mediator,
to reach a solution
• Solution is owned by the parties, not the
mediator
Why is mediation in the news?
Lots of reasons why people find themselves in dispute
• Changing world of work (e.g. globalisation,
technology)
• Complexity of organisations (e.g. shareholder
demands, virtual teams)
• Economic climate (e.g. downsizing, achieving the
same for less)
And it costs!
• Hidden costs of conflict at work (e.g. loss of
productive work time)
• Financial and social costs of lengthy court cases
(e.g. family courts, employment tribunals)
The value of workplace mediation
•
•
•
•
•
Quick
Low cost
Doesn’t affect statutory rights
It gets people talking
If a settlement can’t be reached, there won’t
have been a great deal of time and money
spent
• Regarded favourably within the judiciary
What will a mediator do?
1. Hear the problem explained by a commissioning
officer
2. Agree to mediate (all parties agree to go ahead)
3. Meet each party individually to hear their
perspective and answer questions about mediation
4. Bring the parties together to open the mediation
process (sometimes this is all that is needed)
5. Ask parties to move to separate rooms
6. Shuttle between parties, sharing views (as
authorised) of each with the other and encouraging
a narrowing of the gap
7. Agree a settlement (signed agreement)
How will a mediator work?
• Listen to understand
• Ask open questions
• Play back what has been heard to check
understanding
• Help parties to voice
• Manage conversations
• Build rapport and trust
• Maintain confidentiality
Mediation in action….
The Holly Grove Case
The commissioners
(Head and Deputy)
ask you to take
on the case and
brief you as follows:
Holly Grove Primary 2
• Mel and Sam agree to mediate
• Mediator arranges a one to one with Mel and a one to one with
Sam before mediation
• Mediator hears their perspective, explains what mediation is,
how the process works and answers questions
• Mel and Sam come to the mediation venue at slightly different
times on the same day
• Mel and Sam meet the mediator together in the same room.
Mediator sets the scene and introduces the process
• Mel explains her perspective- no interruptions or questions
• Sam explains her perspective- no interruptions or questions
• Mel and Sam move to their separate rooms
• Mediator starts a conversation with Sam first and then “shuttles”
Holly Grove Primary 1
• The commissioners (Head and Deputy)
say………….
• Sam has this view……………. Is this what
you expected?
• Mel has this view………………. Is this what
you expected?
• 3 different “realities”
Holly Grove Primary 3
The mediator needs to tease out:
• What do Sam/Mel feel about their situations and how strongly?
• Interests (what do Sam/Mel want to protect, preserve, avoid,
achieve- best and worst alternatives)
• Needs (what are the minimum or absolute requirements for
Sam/Mel)
• What are Sam/Mel willing to share with the other party?
• Are there issues that Sam/Mel are only willing to share with the
mediator?
• What does success look like?
• How grounded in reality are all the above?
Holly Grove Primary 4
• Mediator shuttles between parties
• In each one to one conversation, mediator seeks to understand
the party’s perspective and feelings and shares the perspective
of the other party (only in terms of what the other party has
agreed can be shared)
• In so doing, the mediator is seeking to gradually communicate
more about each party’s view to the other, thus bringing them
closer to mutual understanding
• Mediator will ask each party to say what it is they want and will
share whatever is agreed can be shared with the other party,
seeking to encourage the parties to close the gap between them
• Settlement!
Questions?