The difference between Employment and Workplace Mediation
Employment mediation typically takes place when the employment relationship is at an end and a dispute exists between the employee and the employer, whereas workplace mediation takes place when conflict has developed between two or more employees and the employment relationship is likely to continue.
The Employment mediation process is very similar to the process followed in civil and commercial mediation.
The terms of business that apply to employment mediation are the same as those for a commercial mediation with Oxford Mediation.
The workplace mediation process is a staged process requiring careful design. The process starts with a background briefing by the client, and is typically followed by individual meetings between the mediator and the parties. These meetings are then usually followed by a joint meeting involving all parties. The joint meeting might be followed by further private meetings and follow up sessions.
Workplace mediation is arranged somewhat differently form employment mediation and therefore the terms of business differ. See the difference set out HERE.
Indications of workplace conflict suitable for workplace mediation include:
- Bullying/harassment/personality clashes
- Long term sickness caused by workplace stress
- Communication breakdowns
- Line managers not having the tools to identify and tackle problems early
- Higher than usual incidence of grievances/tribunal claims or disciplinary appeals
A global research report by OPP® in association with the CIPD published in July 2008 revealed that the average employee spends 2.1 hours a week dealing with conflict. For the UK alone, that translates to 370 million working days lost every year as a result of conflict in the workplace. The CIPD ‘Conflict at Work’ survey 2007 revealed that the average costs associated with employment tribunal claims for respondent organisations came to almost £20,000 per year.
Early intervention and preventative strategies, including workplace mediation, save time and money. One of our clients has said:
“I have just, for the first time, used the services of a workplace mediator at my firm and have gone from not even knowing that such services exist to being a huge supporter of the idea.”
HR manager in Oxfordshire.
Frequently Asked Questions
Conflicts in the workplace can take a toll on relationships between individuals and within teams, and can impact levels of trust and co-operation. Workplace mediation can be used to ‘nip conflict’ in the bud before it escalates to a formal HR process or to a dispute.
This type of mediation is suitable for cases involving allegations of bullying and harassment, discrimination, disrespect and exclusion, unequal treatment, toxic or hostile working environment, relationship and communication breakdowns, performance issues, reorganisation or re-deployment difficulties, and issues arising from a grievance and disciplinary investigation or outcome.
Workplace mediation is suitable for a wide range of conflicts that arise between individuals and within teams. The individuals involved may be on the same level within the organisation or they may be in a reporting relationship.
It is not suitable when there are serious allegations of misconduct, harassment, or discrimination requiring formal investigation or where there is a history of violence or threats. It may not be suitable in the case of a significant power imbalance.
Mediation is a voluntary process, which means that it is not suitable when parties are not willing to take part.
It can be arranged quickly and inexpensively; it is generally very successful in arriving at solutions that everybody can agree to. For these reasons it is a way of bringing a difficult conflict to a quick resolution before it escalates.
The process offers numerous benefits, including improved communication, reduced anxiety at work, reduced stress-related absenteeism, retaining valuable employees, and fostering a more positive and productive work environment.
Mediation is a confidential process and is therefore an opportunity to discuss sensitive behavioural and emotional issues in private. Mediation is typically less expensive than formal internal HR processes or legal processes. It therefor saves time and resources for the organization.
The workplace mediation process is a staged process. It starts with a background briefing by the client or referrer, and is then followed by confidential individual meetings between the mediator and the parties. These meetings are then usually followed by a joint meeting involving all parties. The joint meeting might be followed by further private meetings and follow up sessions.
The success rate of workplace mediation is high and the outcome may take the form of an action plan, memorandum of agreement or settlement agreement.
The parties to workplace mediation sign an Agreement to Mediate. This provides a safe and confidential process for everybody involved in the mediation. An aspect of this safety is an undertaking that what is said in the mediation, including the outcome, will remain confidential and off-the-record unless agreed otherwise by the parties. The mediator will discuss with the parties what they can convey to the referrer.
It is expected that parties to workplace mediation speak for themselves and are not formally represented. They may of course be accompanied by a colleague, friend or union representative, as long as it is understood that this person is there to provide support and not to speak for the party. Both parties must agree on who will be present in the mediation.
Fees for workplace or employment mediations are usually paid by the employer. Mediators can charge by reference to an hourly rate, or a fixed fee with specific agreement as to what this will cover.
