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There are times in the workplace where, as an employer, you may have to resolve disputes. This can be tricky as there are always multiple parties with competing priorities. Disputes can cost you time and money – especially if they escalate to an employment tribunal or require disciplinary procedures. However, mediation is one way to resolve such employment issues early in a way that may satisfy all parties. You can use mediation in the workplace to try and resolve workplace problems amicably and repair working relationships before the dispute worsens.
This article will explain what mediation in the workplace is, its potential benefits, when it may be appropriate, and the types of outcomes it may produce.
What is Workplace Mediation?
Where there is a disagreement in the workplace, mediation can help resolve it and mend any damaged relationships. However, mediation is not a method for deciding who is correct or in the wrong. Instead, mediation helps those involved in a dispute to agree on a way forward. You can use mediation for disputes between you and your employees, or between your employees.
Mediation is a type of alternative or informal dispute resolution. Therefore, it attempts to resolve the dispute in question but can also address the underlying causes of the issue.
Why Choose Mediation in the Workplace?
Mediation has benefits that can be useful in the workplace to resolve disputes. This is because it is:
- quick;
- informal;
- flexible; and
- not usually legally binding.
However, you cannot make your employees participate in mediation as it is a voluntary process. When you suggest mediation as a way forward, it is wise to assure your employees that the process is entirely confidential, and you cannot share information from the mediation without their agreement. If an agreement is not the end result of the mediation, what has been discussed cannot be used in any future action. Mediation provides a safe space for those involved in a dispute.
As well as being beneficial for resolving disputes, mediation can have added benefits in the workplace. It can:
- keep stress levels low;
- help you to retain valued employees; and
- help you to avoid unwanted issues such as tribunal claims, grievances, and costs.
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When is Mediation Useful?
If you are considering using mediation in the workplace, you should attempt to resolve the situation informally before doing so. However, if you use mediation, it is best to do so as early as possible to prevent the situation from escalating.
You might want to consider using mediation:
- after carrying out a disciplinary or grievance process to help repair relationships between colleagues;
- where an allegation of bullying or harassment in the workplace has been raised;
- where relationships have communication issues or are starting to break down completely; or
- when employees are not getting on well together.
It is not advisable to use mediation for issues concerning, for example, pay, conduct or dismissal. It may also not be suitable for situations where disciplinary procedures are relevant, such as where criminal activity has occurred or where your employees have requested for discrimination to be dealt with formally.
If you do decide that mediation is required in your workplace, you will need to think about how you will go about it. You may choose to either use an external mediator or train certain employees to act as mediators. Indeed, 23% of employers use mediation through an internal scheme. Your choice may be dependent upon the size of your business. An external mediator may be more suitable if your business is small, and therefore, it is challenging for employees to be able to remain impartial.
What Are The Outcomes?
All parties will agree to these, and there will be an element of flexibility about them.
Ideally, the parties will acknowledge that there are different views involved. After this, the meditator will ideally gain:
- a commitment from the employees to change their way of behaving, with a review from time to time of the agreements produced by the mediation; and
- an agreement from employees to review workplace policy and procedures.
Key Takeaways
Mediation is a helpful tool for you to use when you need to resolve disputes in the workplace. It can help you to prevent situations from escalating. Mediation is informal, safe, confidential and flexible. It also allows those involved in the dispute to reach a solution they agree to and can help you understand the underlying issues that resulted in the dispute. Whilst there are particular situations in which mediation is most suited, there are circumstances in the workplace that are not suitable for mediation.
If you need help understanding mediation for employment in England and Wales, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
An employer may choose mediation to aid in solving workplace disputes. However, it is not suitable for all types of disputes. For example, it may not be suitable to resolve discrimination issues, particularly where the employee has asked for a formal procedure as a way of dealing with it.
A mediator carries out mediation in the workplace. They should be a neutral and impartial person. You could find a mediator by training staff to carry out this role or approach an outside organisation to carry out the mediation.
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