“New Model Mediation” – a fresh approach to resolving workplace disputes

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