WORKPLACE AND EMPLOYMENT MEDIATION TWO CASE STUDIES

The following two examples of cases mediated by Oxfordshire Mediation mediators demonstrate how mediation can provide a safe, impartial setting in which, with the help of a neutral third party, a resolution can be found to both workplace and employment conflicts. 

Workplace mediation tends to involve conflict between two or more employees, rather than being between the employee and the employer. The mediation is mainly about past and future relationships, and it is generally envisaged that the employment relationship will continue once the conflict is resolved.

Employment mediation tends to take on a more commercial character as it generally takes place in the context of a possible or actual Employment Tribunal claim. If agreement is reached it usually takes the form of a Compromise Agreement.

WORKPLACE DISPUTES – A DUTY TO MEDIATE?

Mediation is now commonplace in family and commercial disputes.  No doubt this is partly because the Courts can insist that the parties try to settle their disputes out of Court but, equally, because mediation works.  Mediation in the workplace, however, has taken much longer to become recognised.  Why is this?                            

Between 2004 and 2009, employers and employees had to grapple with the statutory dispute resolution procedures. These were designed to restrict the number of employment disputes that went before Employment Tribunals.  Unfortunately, however, the converse was true.  The procedures were so complex and the consequences of failing to comply with them were so severe that a whole new set of litigation was spawned to decide what the Regulations actually meant!  Thankfully, the statutory procedures were abolished with effect from 6 April 2009.  

On 6 April 2009, a new ACAS Code of Practice on Disciplinary and Grievance Procedures came into force.  If an employer or employee unreasonably fails to follow the guidance set out in the Code, the Tribunal can increase or reduce, as appropriate, any award it has made by up to 25%.   

THE COST OF CONFLICT

Conflict can have both positive and negative effects within the workplace.  According to Tuckman’s model of group development (1965) there are four stages that groups go through.  These stages are forming, storming, norming and performing.  These stages are cyclical and groups may go through each phase upon the start of a new staff member, organisational change, or when systems are not working.  It is often when the transition to performing does not take place in which there may be negative consequences on the organisation and individuals involved. 

When groups, colleagues, and individuals remain in the ‘storming’ phase, the degree of conflict can vary.  However, the longer the conflict goes on the more it will escalate.  When a conflict escalates so does the cost in terms of money, time and employee satisfaction and performance.