What Is Mediation & How Does It Work?
Mediation is a voluntary, confidential process in which our independent, neutral Mediator assists two to more disputing parties in resolving their dispute in a collaborative manner. Mediation is an informal procedure, the process is flexible and any agreement is morally, rather than legally, binding. This type of dispute resolution is gaining credibility as an alternative to court/formal proceedings and The HR Company employs experienced mediators who will help return your workplace to a healthy environment.
When we are engaged by a Company to perform mediation, an unbiased facilitator assists the parties to a dispute in reaching an agreement by listening to, and understanding both sides of the story. The purpose of a skilled mediator is to encourage the parties to arrive at a mutually satisfactory solution. Our role as a neutral third party is not to judge or to determine who is at fault but, instead, to enable the meaningful exchange of information between parties with an ultimate goal of resolving the conflict. The HR Company mediator will not determine the outcome – the solution should come from the disputing parties.
Mediation is beneficial because it is a voluntary non-confrontational process – both parties will be more likely to co-operate as their involvement in the process is agreed and voluntary. Additionally, it is more time efficient and cost effective compared to the alternate options.
The stages of mediation are as follows:
Normally, mediations begins when both parties meet with the mediator separately. This allows both parties to become aware of the procedure and have the opportunity to illustrate their ideal outcome.
The last stage in the process includes the explanation of responsibilities and the distribution of a copy of the agreement to all involved.
Why Use Mediation?
As many of us know, clashes in the workplace can be extremely disruptive – not just to those directly involved but to bystanders and co-workers alike. Conflicts can arise for multiple reasons – for example, they can be as a result of a dispute over performance or something as simple as a personality clash.
Conflict can severely impede an organisation’s ability to run efficiently and can damage employee well-being. It can cause stress, anxiety and depression, increase employee turnover, and decrease productivity. Additionally, conflict can negatively affect an organisations reputation within the corporate industry.
Due to conflict, many parties are often forced to attend WRC Hearings/Labour Court proceedings. These formal procedures can prove extremely costly and lengthy, and often result in drained resources and begrudged individuals. Mediation allows parties to avoid unneeded costs and aggravation by encouraging a swift and personal solution to grievances. In this era of increased employee litigation, mediation can provide better options for organisations who do not require such intense and formal processes.
One significant advantage of mediation is that it tends to be far less of a financial burden when compared to formal proceedings. Both parties to a dispute are encouraged by The HR Company’s skilled mediator to talk very honestly and openly during the process and, as a consequence of that, mediation can assist in the discovery and resolution of the root cause of the conflict that exists in the workplace and can prevent the same situation from arising in the future. This is less likely to be the case in a WRC Hearing.
Mediation can be used in an attempt to resolve a vast range of differences. In our experience, mediation is most effective when introduced at the initial phase of disagreements, however, it can also be availed of later in the process – after formal proceedings have concluded, for instance. At this stage, mediation could assist in repairing the relationship between the parties that have been in conflict.
Mediation is not always a suitable dispute resolution method, however, if it is determined that it is appropriate then it can involve either an internal scheme or an external provider like The HR Company. Internal schemes mainly exist in larger organisations. During mediation, The HR Company’s neutral mediator chairs the process which helps to dispel tension that may have built up between disputing parties. It is vital that levels of tension in the workplace are minimal especially where the parties are expected to continue to work together. The process can take an entire day or more. Either way the process is far less time consuming than going through the courts.