Workplace Mediations
In our experience, mediation is an effective alternative dispute resolution tool that is often underutilised in workplaces.
Workplace mediation is a process whereby participants, with the assistance of an independent dispute resolution practitioner, work together to identify the issues underpinning a workplace dispute, develop options to resolve those issues, and consider alternatives to the options advanced by them, to try to reach an agreement.
Examples of disputes include disharmony between employees who are team members, alleged bullying, alleged mismanagement, and alleged unsatisfactory work performance.
Advantages
There are many advantages to engaging our highly skilled team to mediate your workplace dispute, including:
- the participants are likely to feel that you are taking their concerns seriously and are committed to restoring a harmonious work environment, which may reduce the likelihood of them taking legal action or making external complaints about their employer
- the process can often be completed in a single day, and if an agreement is reached between the participants, employers can avoid the considerable costs and time generally associated with litigation
- the process empowers the participants to buy into the resolution process themselves, as opposed to expecting the employer or an external body to take unilateral steps to resolve the dispute – this is particularly important when having regard to the need to preserve ongoing working relationships between employees
- the process can be conducted away from the workplace, in a neutral location arranged by us, and on short notice if required
- the process can be tailored to be less or more formal according to the nature of the dispute, and the needs of the participants and the employer
Our approach
We start by partnering with you to understand the relevant workplace dispute and determine whether a workplace mediation is suitable in the circumstances.
- Once we agree that a workplace mediation is suitable, we will contact each participant individually to introduce ourselves, explain how the mediation process will be conducted, and invite them to share with us their perspectives on the relevant issues underpinning the workplace dispute.
- We will then meet with the participants together as a group, where we will explain our role as an external and independent workplace mediator, and how we intend to conduct the mediation process. Each participant is then invited to make an opening statement to the group to outline what brings them to the mediation and what workplace issues they wish to discuss.
- The participants are encouraged to enter an exploration phase where we focus their efforts on working to understand each other’s views on the issues underpinning the workplace dispute, even if those views are not shared.
- In exploring each other’s views, participants are empowered by us to develop options to address the relevant issues with the goal of resolving the workplace dispute. In our role as the workplace mediator, we will assist the participants in articulating, clarifying, and summarising the options they have developed; however, we will not devise and/or endorse any options.
- In working through the options developed by the participants, we will take the necessary steps for the participants to reality-test those options, consider alternatives to the options advanced by them, and explore the possibility of reaching an agreement. Whilst we will encourage the parties to give genuine consideration to the possibility of reaching an agreement, ultimately, it is the participants themselves who will determine whether an agreement can be reached.
Why us?
It is not uncommon for participants to grow acrimonious towards others when ventilating their concerns and reach an impasse during a workplace mediation.
Our highly skilled team knows how to guide and empower participants during the process so that the mediation remains respectful, balanced, fair, and does not injure their working relationship, while encouraging the participants to engage with and commit to the process.
We do not adopt a one size fits all approach; we work with our clients to tailor the mediation process to the nature of the workplace dispute and the participants who will be involved in the process.