Definition of mediation in the workplace

What is mediation, really? Mediation in the workplace is basically a meeting between the stakeholders who are in a situation of conflict or disagreement. The objective of the meeting is to open the dialogue and mediate through an independent party. The process is voluntary, which means both parties concerned agree to attend the meeting and should be open to finding middle ground.

There is often a misconception that the purpose of mediation is to determine facts and decide which side is right or wrong. This is not the case. Mediation is in place to understand the situation from all angles and to take each side’s points of view and perspectives. It also considers emotions.

Throughout the mediation process, the parties involved should feel safe and the space should be confidential. Mediation aims at the following:

• It opens up a space for compromise.
• It leads to open conversations between those involved.
• It explores the issues and orientates towards a joint problem-solving approach.
• It aims at finding a fair solution that all parties will feel comfortable with.
• It encourages constructive conversations.
• It should be smooth and less stressful than formal processes.
• It avoids costly alternatives.

It is essential that the mediation process is monitored by an impartial third party and that this third party, also called the mediator, is aware of the process itself. If left uncontrolled, the conflict can rapidly escalate and lead to stronger procedures. In essence, the objective of mediation is to avoid more weighty procedures like grievances, disciplinary action and employment tribunals. Instead, it aims at finding middle ground and an acceptable solution for the stakeholders involved. It is flexible and its agreements are moral rather than legal.

Why should mediation in the workplace be preferred to alternatives?

Mediation in the workplace presents many advantages and therefore it should be preferred to formal alternatives. It places the issue and its resolution in the hands of the ones involved. With the mediator, the process is controlled and monitored, ensuring that there is no escalation. Although mediation should be preferred, it does not mean that it is the most appropriate response to all situations. Below are some examples of situations where mediation has its place:

• Staff finding working together challenging (check our article on team building for more information on this topic here)
• Negative working relationships
• Industrial relation issues not referred to statutory dispute resolution
• Disputes coming from grievance and disciplinary procedures

Mediation has gained momentum in businesses. It is the favoured option to issue resolution and is often part of long-term management strategies to deal with conflicts. This large increase of the use of the mediation process comes from its multiple benefits which include:

• A fast and flexible intervention that allows time efficiency gains for management teams and human resources teams;
• A cost-effective solution compared to alternatives;
• A clear negotiation process;
• A procedure that takes place in a safe and confidential environment;
• An open space to be heard and to keep control;
• A process facilitated by a mediator;
• A solution that aims at solving the issue professionally and through collaboration and compromise;
• A way out of the conflict that promotes a healthy working environment, improves relationships between employees and positively influences staff retention.

The above benefits clearly show why workplace mediation is on the rise.

3 techniques to use for effective workplace mediation

Mediation is an umbrella term that covers different issue resolution techniques. The overall process should be the same for all, but the techniques below can be chosen depending on the situation and the personalities involved.

Open and honest communication

The role of the mediator is to ensure that the stakeholders involved in the conflict sit down together and express their views, emotions and discomfort with the situation they are facing. This enables the root of the problem to be identified without judgement. The mediator needs to keep an open mind and not take sides so that those involved can openly discuss without criticism. Check our ultimate guide to employee communication for more information on this topic here.

Joint or cooperative meeting

The parties involved are usually invited individually to express themselves with the mediator prior to placing them in the same room. This makes the individuals feel heard beforehand. It places them in a more open-minded state and a less defensive position. The joint or cooperative meeting is a key step in the mediation process. It places the stakeholders in a group, often physically in the same room, for them to discuss the issue and with the objective to find a resolution. The mediator leads the meeting, ensuring that the environment remains respectful and safe. People should be allowed to express themselves without interruptions and all involved should display empathy.

Negotiations with parties involved in the conflict

Negotiation is often necessary in a mediation process, particularly when the individuals involved in the conflict are not managing to find a natural way forward. The mediator should lead the negotiations and suggest compromises from both sides. The negotiations can take the form of a brainstorming session between all involved in order to find common ground and resolve the issue for the long term.

The mediation process will have more value and be conducted more smoothly if the mediator is aware of the techniques that can be used and is clear on their role in the process. Whichever solution is preferred, mediation should follow a controlled procedure and be delivered in a safe environment where respect and open-mindedness have a central place.

Workplace mediation questions

To help assigned mediators in their role, we suggest some example questions that can be asked to mediate the meeting in the section below. These workplace mediation questions may serve as examples, but their use should be tailored to the situation and the personalities involved to ensure the process is as smooth as possible. Questions asked by the mediator can be as follows:

“Are you willing to make this work?”

The answer to this question is straightforward. It will be a “yes” or a “no”. If the employees involved have agreed to resolve the issue through mediation, they are likely to give a positive answer. This straightforward question aims to subjectively let them know that they are in control and that they choose to be present in the meeting and are willing to work at solving the issue. It should help them be more positive and feel safe in the environment. The parties involved can be encouraged to elaborate on their answer by explaining why they are willing to make it work and what is at risk for them. This sets the scene on the collaboration that is to come.

“What would your colleagues say about your ways of working?”

This question is open. Its objective is to stimulate the parties involved in the issue and make them reflect on the way they are perceived by others. In a sense, it aims at making them think from someone else’s point of view and thus should increase empathy. It is possible that the answer will shed some light on their behaviour and may open their mind on what they should improve. Having this perspective will open the dialogue and invite the person in question to take behavioural responsibility.

” Mid to long term, what do you wish to be different?”

Not only does this question indirectly ask about inner feelings on the situation, it also asks about ways forward and wishes. By asking this, the mediator is often able to identify what the individual in question would like the other person to do differently. It opens the dialogue towards a resolution. Some professional mediators call this question the miracle question. It encourages both parties to own their responsibilities and increase their awareness of their behaviour.

“What do you feel would need to be done to make things right?”

The mediation process is often in place as trust has been broken between the two parties involved. Re-establishing it may be too ambitious in certain cases but can be reached in others. This question aims at making things right and may start a healing process. It may also give areas to work on for those involved.

“What do you think the other party needs to hear from you for the situation to be resolved?”

This question boosts self-reflection. It requires those involved to take ownership of their part, to open their mind on the resolution and to acknowledge the situation and their potential fault in it. As such, it provides reassurance and sets the path towards resolution.

Mediation is never pleasant as it is born from an issue or a conflict between employees. However, if and when managed well, mediation in the workplace can avoid a lot of hassle for the employees in question but also for the business. We highly encourage organisations to have mediation strategies, trained mediators and to prefer this process as much as possible over alternatives. To find out more about conflict management, check our content here.