Question 1

What is workplace mediation?

Accepted Answer

The vast majority of people I meet initially have very little idea what mediation means. Some even confuse it with ‘meditation’ – as does Google. In fact, I was once asked if I was bringing a candle along to the meeting!

Let me start first of all with a definition of mediation. Taken from the website of the Mediators’ Institute of Ireland (MII), the professional association for Mediators in Ireland, it defines mediation as:
“a process in which an independent, neutral Mediator assists two or more disputing parties in resolving the dispute in a collaborative, consensual manner”

Question 2

What is the mediator’s role?

Accepted Answer

As mentioned above, one of the myths about mediation is that the mediator will tell the parties what to do or make recommendations. Indeed, media reports of some high-profile mediation cases have sometimes refer to the mediators’ recommendations. This is far from the reality of how most mediators practice (and may indeed be a reporting error). In fact, a key element in the Code of Ethics and Practice of the MII is the principle of self-determination – in other words it is the parties themselves that make the decisions and determine the outcome, not the mediator.

Question 3

Is there a record or minutes kept of the discussion?

Accepted Answer

One of the hallmarks of mediation is the emphasis on confidentiality. Not only is there no detailed report written up about the matters discussed but parties are also asked to agree to hold confidential all of the content discussed. In most cases, I request people to sign an Agreement to Mediate, which sets out a number of binding clauses, among them confidentiality.

One of the key reasons for confidentiality is that people can be more frank and honest in their discussions with the other person. This increases the likelihood of having a discussion that gets to the heart of the matters at stake. Because, in conflict, people tend to get into positional arguments with each other rather than going for more risky discussions about what is really important to them. Mediation provides a safe and confidential forum, thus enabling more effective exchanges between people.

In terms of a record, there is a record kept of the fact that mediation took place as well as whether an agreement was reached or not. This information is also shared with the commissioner of the mediation (e.g. the HR Manager) as well as being formally sent to the parties after the session.

At the end of the session(s), parties might decide to put in writing some of the things they have agreed upon and they might also agree to share this with someone else in the workplace. Many people, however, don’t feel the need to commit any details of the agreement to paper.

Question 4

What happens if the parties don’t reach an agreement?

Accepted Answer

Despite the best will and intentions of the parties to try and get things resolved, this is not always possible.

Whether or not mediation is ‘successful’ tends to be measured by whether people have reached an agreement and sorted all the issues out. This can be an unrealistic expectation sometimes, especially if the situation has been going on for a long time. However, even when people don’t reach an agreement, it doesn’t mean the process wasn’t useful in some way.

For example, it’s an opportunity for people to get a deeper understanding of where the other person is coming from or maybe clear the air about some of the issues in dispute. Knowing that you and the other person don’t have a lot of common ground is also information. Without going through mediation, that question might always remain unanswered and people are left thinking “we should have tried to talk it out.”

If people don’t reach agreement in mediation, this doesn’t in any way preclude them from going ahead with other dispute resolution processes, such as an investigation, in the case of a workplace dispute or difference.

Question 5

Should everyone in a difficult situation try workplace mediation?

Accepted Answer

Mediation is a great process but it’s not a universal panacea. I always applaud people for their courage and willingness to engage in mediation with someone they are having difficulties with. It can be stressful and, despite people’s best intentions, the discussions can be intense and heated. So it’s important that participants are in the frame of mind to participate and stay the course of the session.

If you find it very difficult to hear someone disagreeing with you or not seeing things your way, then mediation might not be the best process for you. Some people benefit from doing some individual one-to-one coaching sessions either in advance of, or instead of, mediation. Another option that I sometimes use (as a last resort only) is to have ‘support’ persons attend also. However, if the support person is not on board and doesn’t really get what we are trying to do in mediation, then it can be hard to find common ground and talk constructively.

In cases of bullying or harassment, while mediation can work very well in many of these situations, there are also certain cases that are not suitable for mediation.

Download this short questionnaire as a tool to help assess whether workplace mediation is the right process for your dispute: Is Mediation Right For You Now

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