At HR Proactive Inc., we use the “transformative mediation”  approach which focuses on the relationship between the parties. 

This process empowers each party to express herself/himself and to re-establish their connection with the other person. The premise is that, once the parties’ interests are clarified and the relationship is sorted out, the “issues” or “positions” tend to resolve themselves.

Mediation can be used at any stage of a disagreement or dispute. The process is flexible and voluntary, and aims to create a safe, confidential space for those involved (the ‘parties’) to find solutions that are acceptable to each side.

Specifically, mediation provides the potential to:

• Approach conversations that would normally be too difficult to have constructively.
• Promote empathy for each parties emotions and situations.
• Examine issues and concerns using joint problem-solving to find a solution that each side feels is fair.
• Encourage communication and establish workable relationships.
• Develop skills to resolve workplace difficulties in the future.

A trained mediator’s role is to act as an impartial third party who facilitates a meeting between two or more consenting people in a dispute, to help them reach an agreement. Although the mediator oversees the process, any agreement comes from those in dispute.

Mediation seeks to give a solution to individual workplace conflict without recourse to formal rights-based processes. It aims to:

• provide solutions to resolve conflict
• address underlying relationship difficulties
• reach win-win solutions and increase the chances that relationships can continue afterwards.

When to mediate?

There are no hard and fast rules governing when and how mediation should be used, but some principles include.   It can be used at any stage in the conflict including to rebuild relationships after a formal dispute has been resolved. In the early stages of a dispute, it has the benefit of stopping it from escalating. At a very early stage, a team manager may use mediation techniques informally to help people resolve differences, rather than bringing in a designated mediator. Equally, mediation can be useful when managers aren’t well placed to deal with a dispute, for example because they’re implicated in it or lack the skills to resolve it themselves.

Who will benefit from mediation?

Mediation can be used for conflict involving colleagues of a similar job or grade, or between those with different jobs and levels of seniority.

What types of conflict does mediation address?

Mediation can be used to address a range of workplace issues including:

• personality clashes
• communication problems
• bullying and harassment
• relationship breakdown
  

Note:  Relationship breakdown is the issue most frequently cited by employers as suitable for mediation.

When not to mediate?

Mediation may be unsuitable if:

• a decision about right or wrong is needed, such as in cases of criminal activity or overt abuse, when disciplinary procedures are more appropriate.
• an individual bringing a discrimination or harassment case wants it investigated formally, or the allegation is of a serious nature.
• an individual is experiencing mental health problems or has learning difficulties that will be an obstacle to a joint meeting.
• it’s clear the parties don’t have the remit to settle the issue.