Operating
as an HR professional over many years I have become a believer in the power of
resolving workplace disputes via mediation. Too often I have gone into organisations where there is what might be described as a “trigger happy”
approach to instigating formal procedures, such as disciplinary and grievance,
by both the management and employees.
Of
course, once things go “formal” there is usually a lose-lose result with
relationships often irreparably damaged. Not to mention the huge amount of
staff time necessary to handle such processes, within HR and otherwise. Needless
to say, the circumstances may rightly justify the use of formal procedures,
such as in cases of alleged serious misconduct. However, in my experience, I
have found formal procedures are often instigated without proper consideration
of the opportunity for informal resolution in the first instance.
To seek
to redress I have started with the documents “governing” conflict in the
workplace – principally the disciplinary and grievance procedures. In my experience, this has almost always required
a total redraft with the accent on clarity and simplification. However, at the
very start, prior to the “formal” procedure kicking in, making it clear that
demonstrable effort must be taken to
resolve the conflict informally
prior to any use of the formal procedure. As part, consideration of the
possible use of “mediation” is advised and whether or not it may be appropriate
in the circumstances.
When “mediation”
is appropriate and where both parties understand what it involves and consent
to taking part, the options include the use of ACAS, professionally qualified
independent mediators, dispute resolution lawyers or professionally training
individuals internally to undertake this role. All, of course, can provide a
satisfactory outcome to resolve issues between individuals instead of formal escalation.
I know from experience just how professional and skilled such individuals can
be.
However,
what has concerned me over the years is that “traditional workplace mediation”,
no matter how professionally performed, tends almost always to be a “one-hit-wonder”
approach. Hence, the format is usually that the mediator speaks to each individual
privately in advance of a joint mediation session, often on the same day as the
latter. At the session itself, there is great effort to facilitate the
individuals themselves in reaching an agreement on a positive way forward. This
agreement may or not be legally binding dependant on the wishes of the parties.
Sometimes, there are “shuttle” discussions between each individual privately in
an effort for them to reach a positive way forward. In some cases, the parties
do not actually meet jointly at all. Commonly, when engaging dispute resolution
lawyers, a number of other individuals will be present, such as other lawyers,
trade union representatives and additional members of a mediator “team”. Apart
from anything else the cost of the mediation process can run wild!
The
traditional workplace mediation approach tends to be that after the “day
session” that is the end of the process, regardless of whether or not there has
been a successful outcome. The mediator packs up her or his tool-box of tricks and
heads off in to the sunset, “job done”!
… Or
rather, job NOT done, in my opinion, at least in many, many cases. In addition
to training with ACAS as an accredited workplace Mediator, I have also had the
privilege to train as an Executive Coach and Mentor. This was a rigorous ILM
level 7 course, involving myself working with a Coach and having to undertake a
minimum set of practical hours of Coaching others. At the same time undertaking
a challenging academic programme of assessment to complete. What struck me
throughout were the similarities between the skills and practice of a Coach and
a Mediator.
After
much consideration and reflection I concluded that in most cases, to enhance and
optimise the prospect of successful dispute resolution, where an ongoing
workplace relationship is required, two elements needed to be present:
1) The mediation session should be limited solely to the key individuals in
dispute, plus a professionally qualified and experienced workplace mediator to
facilitate. Extra individuals taking part in the process, such as additional
mediation team members, lawyers and trade union officials can be to the
detriment of full, frank and honest exchange between the actual parties and
individuals in dispute. Further, the parties at some point must actually meet
for their discussions, particularly where an ongoing working relationship is
essential . At the end of the day, all disputes are about people whether it is
on the scale of two colleagues simply not getting on or at the Unite/Ineos,
Grangemouth, dispute level. To create an atmosphere where the two main players
can look each other in the eye and feel safe to openly discuss their respective
concerns within inhibition from extraneous third parties surely promotes the
best environment for a meeting of minds? As an old colleague of mine Veronique
Rostas, OD lead at US semiconductor company Applied Materials, was often prone
to say to senior managers in development sessions, “We are not machines, we
need to talk, we need to communicate”.
2) Mediation should seldom, if ever, be a “one-hit-wonder” process where an on-going workplace relationship between the parties is required. If the joint
session is successful in getting the root of an agreement and a positive way
forward between the parties, then these roots need nurturing and care. Where no
follow support is provided there is a fair chance that the roots will wither
and die. However, using follow up support for both parties in the process, the
roots have a far better chance of taking hold and flourishing, so that a longer
term, sustainable agreement and way forward is achieved. There is no better
tool and approach in my opinion to provide this follow up care and support than
using the Coaching process by a suitably qualified and experienced workplace Coach.
This is
the approach that we take at Online HR to mediation and workplace dispute
resolution. A unique blended approach of mediation and coaching. We call it, “new model mediation” – a fresh approach to resolving
workplace disputes!
If you
would like to discuss further, please give us a ring on 0131 341 2550.
Thanks
for reading!
George
