An introduction to Workplace Mediation

Peter Holland, PartnerDisputes in the workplace are regrettably a common occurrence and can have many different causes. Attempts should always be made by all parties involved in the dispute to resolve the matter as quickly as possible, as disharmony in the workplace can have far-reaching consequences. However, discussion and consultation between employees and their managers is not always effective in resolving disputes and mediation may be needed to bring the matter to a conclusion.

Mediation is a form of Alternative Dispute Resolution. When a dispute is mediated, an independent mediator is appointed to listen to the account of the dispute from the point of view of all parties involved. Mediation is confidential and must be entered into voluntarily by all parties. It is not the job of the mediator to decide right and wrong, but to listen to the varying points of view and to ensure that everyone involved fully understands the reasons behind the dispute and is aware of their options with regard to its resolution. The main aims of mediation are to reach an agreement acceptable to all parties and to restore the relationship between them.

Mediation is often most beneficial when carried out early on in the dispute, before relationships have time to deteriorate and the prospect of finding a mutually agreeable solution to the problem becomes less likely.

Employers should have an easily accessible policy detailing how grievances in the workplace will be dealt with, and should highlight mediation as an option when discussions between the parties have failed.

There are many workplace disputes which may be suitable for mediation. These include harassment issues, issues relating to pension rights, holiday pay, non-payment of wages and issues relating to withdrawal of employee benefits.

The cost of mediation varies (and will be agreed in advance) but is likely to be significantly less than that of arguing a case before an Employment Tribunal (ET). An employee’s right to take the matter to an ET will not be affected because he or she has refused to take part in mediation, or if attempts to resolve the dispute through the course of mediation have failed.

Workplace disputes can effect performance, may have a detrimental effect on the health of those involved and can lead to the breakdown of working relationships. The sooner a matter can be discussed and resolved, the more likely it is that a conclusion satisfactory to all parties will be reached.

If you face a workplace dispute, consider making use of mediation before the positions of the parties become entrenched. Peter Holland is a qualified mediator and can advise on whether mediation might be a suitable method of solving a workplace dispute. To contact Peter, telephone 020 8221 8000 or e-mail peter.holland@bowlinglaw.co.uk.