Workplace mediation is a voluntary, confidential, and without prejudice process aimed at resolving workplace conflict before disputes escalate into formal grievances or disciplinary proceedings.
It is generally used in matters involving issues arising from social dynamics such as strained interpersonal relationships, personality clashes, bullying and harassment and even performance concerns. The process is not suitable in matters involving criminal conduct and serious misconduct.
This process is underpinned by its success rate. It contains elements of restorative justice and collaborative dispute resolution. It is an efficient alternative to court or forum-based dispute resolute mechanism.
How Workplace Mediation works:
Workplace Mediation begins with human resources or a line manager suggesting mediation to the parties. Acceptance of mediation is followed by a 4 step process:
1. First, the process commissioner, being either the human resources personnel the line manager, meets with the mediator to discuss the background of the dispute.
2. Following this, the mediator meets with each party separately to obtain their version of events, explain the mediation process, address concerns, and determine their overall willingness to participate in the process. If the parties agree, they may proceed with signing an Agreement to Mediate, which reiterates the voluntary, confidential, and without prejudice nature of the process.
3. The third stage is a joint mediation session . This meeting is initiated by the mediator and the parties are given the opportunity to speak without interruptions. The mediator will allow the parties to pose remedies they believe to be best suited for them in a given situation e.g., an apology or revised job title. A problem-solving process is followed by the mediator to assess the proposed remedies and guide the parties in the best suited solution. Once an agreement is reached, the mediator will record it in writing in the form of an action plan or memorandum of understanding, which is then signed by the parties. Confidentiality is key. The mediator takes instruction from the parties on which information they can disclose to the senior line managers and which to keep confidential.
4. Finally, and upon conclusion of the process, the mediator provides the process commissioner with feedback and may later follow up with the parties to assess progress and determine whether any further intervention is necessary.
