How to use mediation

When workplace conflicts first appear, organisations often turn to mediation to find a middle way. Scott Beagrie discovers why more companies are using mediation and even training their own staff to become mediators

Mediation is still much misunderstood by many managers, occasionally confused with similar practices like conciliation or arbitration. While there might be overlaps with these, mediation is concerned with helping the parties involved find a solution to their problems and is ideally brought in at the earliest stages of a dispute. If mediation is successful, conciliation and arbitration stages should never be reached.

As Acas explains in its guidelines, "the overriding aim of workplace mediation is to restore and maintain the employment relationship wherever possible. This means the focus is on working together to go forward, not determining who was right or wrong in the past." Mediators do not make judgments about the people or issues involved, but instead facilitate a discussion between the two sides by asking questions that get to the root of a problem.

01: Understand the importance

Mediation is swiftly moving up the corporate agenda as a way of resolving a breakdown of working relationships and preventing issues and grievances escalating into full-blown disputes. It's proven effective at preventing both personal workplace litigation as well as large-scale industrial disputes, but is equally useful for settling more minor disagreements which could escalate into something more damaging or disruptive.

While specially trained mediators are brought in from external organisations such as Acas, there is also a move to train more managers in mediation skills. John Crawley, founder and chair of workplace dispute specialist, CMP Resolutions, has been campaigning long and hard to get mediation recognised as a core management skill. As well as mitigating the risk of increased industrial-workplace disputes, he reckons it ultimately makes managers and leaders more effective.

Try to get people to step away from the blame frame as people love blaming the other side

John Crawley, founder and chair of workplace dispute specialist, CMP Resolutions

"I know a lot of people that have had that training who have become better managers and their careers have advanced," he explains. "It helps your judgment as you don't make decisions without getting good information first. Impartiality is great too, because if you don't make your mind up about people, you learn a lot more about them." The immediate task for managers is to understand the role of mediation and know when to employ its use.

02: Know when to use it

Mediation has considerably less chance of a positive outcome once people's views and attitudes to one another become entrenched. Crawley suggests that while there's far more awareness at policy and management level of the need to "get in and have a conversation sooner rather than later", organisations still leave it too late. While mediation frequently enjoys success (Acas claims around four in five of its mediations are successful), it won't work in every case. Crawley warns that if principles and values are involved it can be difficult because people may already hold set views about the other side. "What often happens is that people get very stuck out of sheer arrogance as they really have no notion at all of where the other side is coming from," he explains.

03: Keep things impartial

The mediator will first talk to both parties separately about the situation. He or she will listen to concerns and learn more about the facts surrounding the dispute. Each will be asked questions that will help build a fuller understanding of the situation and to get them to think and discuss what they hope to come away with. A suitable time and place is arranged for the mediation which typically takes place on the organisation's premises. Acas recommends at least two private rooms so each party has one. Either party can break off the mediation at any time and talk to the mediator separately or take a rest from proceedings. Acas guidance underlines that any agreements will not be legally binding unless the parties wish them to be so. In such a case, individuals should be allowed to seek legal advice before agreeing to anything.

04: Work towards a solution

The mediator's role is to keep both parties talking and listening to each other. It's about "moving them away from the past to the future and from the problem to the solution," explains Crawley. "Also, try to get people to step away from the blame frame as people love blaming the other side."

There are still a lot of myths about the role of the mediator. "There's a misunderstanding that you must solve the problem for them, but you'll be much better off if you make these people less dependent on you by getting them to take ownership," says Crawley, adding that this more enlightened approach will benefit workplace relations in a broader sense. "Managers shouldn't do all the work. If we can embed this belief into leadership and management, we could start to see a considerable culture shift in how disputes are dealt with."