What is mediation?
Mediation is a flexible process conducted within a confidential setting. A neutral person (Mediator) actively assists the disputing parties reach a negotiated agreement. However at all times the parties have ultimate control over the decision to resolve the dispute. The mediator’s role is to set in motion processes which widen the party’s perspective on their dispute as well as making the parties aware of the risks and opportunities that arise during negotiation. At the heart of mediation is the theme that the parties are the decision makers and subsequently have control over the eventual outcome. The skill of mediation lies in the ability of the mediator to win the trust of all parties and his/her ability to extract the real underlying reasons as to why resolution has been unsuccessful thus far.
Mediation differs from Arbitration and Litigation in that it is usually a voluntary process entered into by all parties. Parties are able to walk away from mediation at any point. Unlike Arbitration and Litigation there is no enforced settlement and decisions are not binding until both parties have agreed to write and sign a legally binding settlement agreement. 90% of mediation’s are successful. Good mediation concerns itself with controlling processes not content. In order to preserve the neutrality of the mediator he/she will actively resist being judgmental and offering advice but rather focus on the reasons why parties are unwilling to negotiate on certain issues.The real strengths of mediation are that the mediator empowers the disputing parties to play an active role in the decision making process and that the mediator is neutral, subsequently he/she has no allegiances and is merely concerned with bringing the parties towards resolution.
Why mediate?
The recent Gibbons review on ‘Employment and Dispute Resolution’ 2007 – commissioned by the Secretary of State categorically stated that mediation is a cost effective process for resolving workplace disputes. Some of the reviews recommendations were as follows:
- My vision is of a greatly increased role for mediation.
- I commend the increased use of mediation to employers, employees and practioners in Great Britain.
- It is clear that the earlier a dispute is settled, the better it is for all concerned.
In regard to existing practice and disputes in the workplace Gibbons concluded the following:
- 42% of respondents to the Gibbons Report have reported workplace disputes in the last five years.
- 1.9 million or 6.9% of employees said they had been unfairly treated at work on the grounds of their personal characteristics.
However the review also suggested that organisations were ignoring the potential of informal early dispute resolution techniques, in favour of using formal processes. Formalising disputes too early affected the chances of disputes being resolved satisfactorily. In effect an organisations decision to move from dispute to tribunal without considering informal dispute techniques, was viewed as an ineffective and costly process.
- Employment tribunals are considered too costly and complex for all involved.
- Businesses have frequently expressed concerns that employment tribunals are making inconsistent decisions.
- Challenge all employers and employee organisations to commit to implementing and promoting early dispute resolutions i.e. through greater use of mediation.
Mediation with Kiss the Fish
At Kiss the Fish we have and are aware of the need to have the necessary skills to recognise and predict when a dispute is likely to arise and to deal with it there and then if possible. Establishing a fully integrated dispute process around mediation, within your organisation, will empower your mangers and staff to resolve disputes at the earliest opportunity.
Mediation has a 90% success rate so HR mangers and staff need to be fully aware of the principles which underpin the process and the opportunities it can present, for all your employees, in dealing with internal and external disputes.
Support material
- The Neutrality Flag - model