How to resolve conflict at work using mediation
Conflict at work can result in a serious breakdown of the employment relationship if not handled correctly. This can create an uncomfortable and complex situation for employers to manage, and may even lead to legal and reputational costs if not resolved.
Mediation is an effective solution to resolving conflict at work, which employers should consider. With the help of a trained mediator, you can resolve a disagreement quickly and effectively, and improve a working employment relationship.
In this article, we will discuss what exactly mediation is, how and why it works in a work setting and why it is an effective solution for disagreements at work.
Mediation: What is it?
Mediation can be a solution to workplace conflicts. In its simplest form, workplace mediation is where an impartial third party, “the mediator”, works with the disputing parties, to try to reach a mutual and manageable agreement as to how they will work better together in the future.
What is the purpose of the mediator?
The mediator is not there to judge, place blame, or determine who may have been right or wrong in the past. Instead, the mediator is there to provide a private and supportive setting for the parties to speak honestly and openly about their concerns and feelings. Rather than impose a solution, the mediator facilitates a problem-solving discussion to enable the parties to develop their own agreed outcome.
What is required for mediation at work to be effective?
In order for mediation to be effective, the parties need to have a genuine desire to want to change the situation, find solutions and repair a working relationship. It is important to note that if either party is focused on keeping a conflict going, or “winning”, mediation is not likely to work.
Secondly, the process remains confidential. Knowing the process is confidential from their manager, colleagues, and the organisation, allows employees to feel confident and comfortable enough to participate fully and effectively. Whether the outcome is shared with managers and colleagues is a matter for the parties to decide.
Is mediation worth the investment?
Whilst mediation does involve investing in the outside expertise of a skilled mediator, the potential costs involved in not pursuing this option can far overshadow this investment. For example, there is the loss of morale and productivity from the team affected, recruitment costs if someone resigns, and legal and reputational costs if the matter escalates and ends up at a tribunal.
What happens when we don’t resolve a conflict at work?
Occasionally, miscommunications and differing opinions can occur at work. In most cases, these issues are resolved quickly, but what happens when a disagreement escalates into a conflict at work?
In a recent survey by the Chartered Institute of Personnel and Development (CIPD), it was found that just over a third of employees (35%) had experienced some form of interpersonal conflict at work. They found that that the single most common cause of conflict was personality clashes or differences in working styles and approaches, a catch-all description that can cover a multitude of different attitudes, tensions, and dynamics between individuals in the workplace.
The impact of not addressing conflict in the workplace can be detrimental for employers. It can lead to members of staff losing motivation and confidence, having low morale and engagement, and employees suffering with stress and anxiety – all of which can lead to poor productivity, absence, and turnover.
In addition, conflict at work could lead to formal grievances being lodged. Formal processes can be time consuming and resource intensive. Moreover, it may be difficult to return to a productive working relationship once the formal process has begun. This could progress to legal proceedings, such as employment tribunal claims being brought, which can result in both legal and reputational costs for employers.
When should mediation be used?
Workplace mediation can be considered at any stage in the conflict in order to rebuild relationships, including after a member of staff has undergone a disciplinary or grievance process,.
However, if mediation is used in the early stages of a dispute, it has the benefit of stopping disputes from escalating and can prevent formal complaints being lodged.
What does mediation at work involve?
Mediation can be easily shaped and adapted to meet the needs of each case, but the essential elements of mediation remain the same. Here are four stages of mediation:
Stage 1: Initial Meeting
First, once the parties have agreed to participate in mediation, they will meet with the mediator separately. In this initial meeting, each party will have the chance to describe the dispute and/or issues at play, what impact that has had upon them, and to define their key interests – specifically, what is it that they hope to achieve from the mediation process?
Stage 2: Joint Session
Next, the mediator will then bring the parties together in a joint meeting. Each party will have the chance to tell the other their side of the story and what their frustrations and hurts are. While one person is speaking, the other is not allowed to interrupt.
Stage 3: Problem Solving
Having defined the key issues and interests to explore, the mediator then shifts the focus from the past to the future – guiding the parties into a problem-solving approach in order to find constructive solutions to the issues at play. This stage will likely involve generating lots of ideas and options and testing the workability of those.
Stage 4: The Agreement
Finally, once an agreement has been reached, the mediator will normally put this in writing for the parties to take away and keep. This agreement may include details of how the parties will interact in the future; how parties will address concerns with one another if they arise in the future; and/or outline any training and coaching needs.
When is mediation at work not suitable?
Of course, there will still be some instances in which mediation is not suitable, and a formal response is required.
If an individual has a serious complaint, it is important that they are made aware of the organisation’s grievance procedure. And, where serious incidents occur, such as allegations of discrimination or harassment, it is important that managers address these formally through a disciplinary investigation and hearing.
Six benefits of using mediation at work
Here are six reasons why employers should consider using mediation to resolve a workplace conflict:
1. Mediation focuses on repairing and building relationships
Mediation does not focus on determining who is right or wrong, or placing blame.
2. Mediation is actually empowering for the parties involved.
Mediation passes the responsibility to the parties to find and own a resolution to the issues at play.
3. Mediation supports a better working environment for everyone
Mediation contributes to a harmonious and productive working environment for all affected by disputing employees.
4. Mediation can prevent disputes escalating into formal processes
Formal processes can put great time, resource, and cost pressures on employers, and may not be able to address the root cause of the dispute.
5. Mediation can reduce employer risk
Mediation can reduce the risk of legal action down the line, and the costs associated with this.
6. Mediation can reduce stress and anxiety for those affected by conflict
By supporting the affected parties to work through the issue, they may be more likely to reach a solution, reducing stress and anxiety.
Virtual mediation: Does it work?
For the most part of this year, organisations have been working remotely and this will remain the case for many for the foreseeable future. To this end, mediations have successfully transitioned online and have been conducted remotely, via various online platforms.
Our experience has demonstrated that these mediations proved to be as effective, as face to face mediations in bring disputing parties towards an agreement. There was little lost by attending remotely. In fact, postponing mediation in order to facilitate a face to face meeting can risk disputes escalating. Therefore, virtual mediation enables disputes to be responded to quickly.
The benefits of using virtual mediation to resolve conflict at work:
1. Quicker process
In an online environment, the time taken for travel does not come into the equation and getting the parties into mediation can be quicker and easier without having to find a suitable space to accommodate both parties, and a time when both are on site together. This can be especially useful when disputing employees are based in different locations.
2. Increased flexibility
Online mediation allows for flexibility to work around each party’s personal commitments and appointments, meaning that participants can fully engage in the mediation process and not be distracted by timings.
3. Reduced costs
Holding mediations remotely also saves on the costs of travel, booking meeting rooms and refreshments.
4. Increased participation
For some parties, meeting face to face in the same room with a colleague they are in dispute with is very difficult. In some circumstances, the safe space that comes with online mediation results puts anxious parties at ease, which often means they are more willing to engage in the process.
Key considerations for virtual mediation
Despite the above benefits of virtual mediation, there are a number of considerations employers should make to ensure virtual mediation is suitable for your employees.
- Do all the parties have access to the agreed online platform, and are they trained and comfortable to use it?
- Do the parties have somewhere private to talk? If they are at home, ask them to try to manage any potential distractions prior to their session.
- Consider holding the joint meeting on a separate day.
- Reiterate the same levels of confidentiality apply, and that no party should be recording the session.
- In coming to an agreement, consider how the parties will interact when they meet face to face.
How to find a mediator to carry out workplace mediation
Our HR Consultants are trained mediators, and have the skills and tools to support you in finding solutions to a workplace conflict. Not only are we able to provide workplace mediation services, our experienced HR Consultants can provide full-spectrum HR support beyond the mediation process.
If you need to resolve a conflict at work and would like to discuss this with our team, please do contact us. We are able to provide virtual mediation during this time.
You can also find out more about our workplace mediation services here.
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