Is there a right to accompaniment in workplace mediation? If you are planning a workplace mediation between two or more of your staff, you might have been asked if one of them can have someone in with them. The answer is far from straightforward. There is no right to accompaniment in workplace mediation, unlike in a disciplinary or grievance process, where it is a statutory right. Some mediators actively discourage it unless a disability or mental health issue renders it essential to the process. What Is Workplace Mediation? Workplace mediation is a way of settling workplace disputes. It is usually done before having to start the disciplinary or grievance process or instead of. However, it is not always appropriate and each case should be judged on its own merits. It involves both sides talking openly in a constructive environment to reach a compromise and enable both parties to move on from a workplace dispute. The process usually involves an external person finding out the details of the disagreement and working with both parties to find a solution. The solution is often a compromise that both sides commit to upholding. You can read more about using an external workplace mediator here. […]
Causes of Conflict Some people do not ask for help during conflicts at work because they are not always aware there is a problem or do not know when to ask for mediation. Conflict can arise in organisations because of miscommunication, misunderstanding, cultural differences, choice of language, poor leadership, ineffective management styles, unclear roles and responsibilities. As well as workplace issues creating conflict, work colleague’s personality types and personal issues are added to the mix at work, which can also create or exacerbate a conflict. Things like: personal problems at home, marital issues, cultural or gender differences, family problems, abrasive or submissive personalities (for instance, some personalities become annoyed with quiet, withdrawn type characters and others are fearful of loud or aggressive characters), some people are insensitivity to others feelings and what may seem trivial to one person could be a huge issue for another. Personal disappointments, coupled with unmet needs and a whole host of negative emotions, like guilt, fear or jealousy over promotion can also add to conflict. There are many emotions that are not directly related to work, but which people bring to the workplace that can cause conflict. The CIPD survey Managing Conflict at Work found […]
Clients regularly ask us does mediation work? Conflict is almost inevitable in most work relationships. Some conflict arises over technical issues – such as what tasks to do and how to do them which can be helpful at times as it drives a company forward to make improvements to processes and policies. However, interpersonal tension can easily damage relationships and lead to wider discord and malfunctioning teams. Some Facts 3 in 4 UK workers report good relationships with their line managers and almost 9 in 10 say they have good relationships with colleagues in their teams. By contrast, 1 in 10 reports a poor relationship with their line manager and 1 in 20 reports poor relationships with team colleagues. Despite this, a number of employees may experience flashpoints of conflict or unfair treatment at work: 3 in 10 workers report at least one form of bullying or harassment in the last year and 1 in 5 UK workers points to a blame culture among their managers and 1 in 5 also point to a lack of an inclusive culture in their teams. The organisational costs of conflict can include: management time being diverted to deal with the conflict instead of […]
We’re often asked by clients, “What is workplace mediation?”. Workplace Mediation is a completely voluntary and confidential way to resolve informal and formal conflict at work. It involves a professionally trained, independent, impartial person. The mediator helps two or more individuals or groups to reach a solution that’s acceptable to everyone. Therefore, a workplace mediator doesn’t make judgments or determine outcomes. However, they will ask questions that help to uncover underlying problems. They help the parties to understand each others issues. Therefore, the mediator helps them to clarify the options for resolving the parties differences. So, part of the answer to the question “What is workplace mediation?” is that it’s a way of finding a way forward. It focuses on working together to move forward, instead of determining who was right or wrong. It doesn’t guarantee an answer, but it can guarantee is the chance to resolve conflict more constructively. Mediation can be used in a variety of settings. For example: misunderstandings with conflict between colleagues conflict between staff and managers perceptions of harassment, discrimination or bullying communication difficulties Complementary Mediation complements formal procedures for workplace issues. It’s based on the principle of problem solving with a focus on the future and rebuilding relationships. A […]
The retail industry has been in the news recently because of redundancies being made at an alarming rate and many have not received support in redundancy. Many retail sector staff have felt the pain of losing their job or a colleague to redundancy. Then how can managers ensure that staff who are being made redundant or those who survive the redundancy process are sufficiently supported? Equally, the uncertainty they face could potentially cause mental and physical stress. Help Reduce Uncertainty Uncertainty about the future is a big cause of stress to employees. Therefore, to reduce the impact of stress on your staff, it is important that you provide as much information as possible. Therefore, by offering support in redundancy, you could consider implementing: A clear communication strategy. Plan and implement a communication strategy, alongside your redundancy consultation, to ensure information is conveyed effectively to staff. This is to avoid sending out mixed messages to staff, and avoid inaccurate information circulating. This can be highly damaging and could derail the redundancy process. Financial advice. Additionally, financial worries are a major cause of stress. Therefore, you may wish to consider offering staff access to financial advice. Usually, this will ensure they understand the financial implications arising from their redundancy. […]
Mediation in the workplace is a completely voluntary and confidential form of alternative dispute resolution. It involves an independent, impartial person helping two or more individuals or groups reach a solution that’s acceptable to everyone. The mediator can talk to both sides separately or together. Mediators do not make judgments or determine outcomes – they ask questions that help to uncover underlying problems, assist the parties to understand the issues and help them to clarify the options for resolving their difference or dispute. 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. Many kinds of dispute can be mediated if those involved want to find a way forward. It can be used at any stage in a dispute but is most effective before positions become entrenched. You might want to think about writing a mediation stage into your individual grievance procedure. In facilitative mediation – the style that dominates workplace mediation – the mediator is said to be neutral with respect to both the parties and any solutions found. Mediators manage a structured […]
We’re often asked “What is workplace mediation?”. Workplace Mediation is a completely voluntary and confidential way to resolve informal and formal conflict at work. It involves a professionally trained, independent, impartial person. The mediator helps two or more individuals or groups to reach a solution that’s acceptable to everyone. A workplace mediator doesn’t make judgments or determine outcomes. They ask questions that help to uncover underlying problems. They help the parties to understand each others issues. Therefore, the mediator helps them to clarify the options for resolving the parties differences. So, part of the answer to the question “What is workplace mediation?” is that it’s a way of finding a way forward. It focuses on working together to move forward, instead of determining who was right or wrong. It doesn’t guarantee an answer, but it can guarantee is the chance to resolve conflict more constructively. Mediation can be used in a variety of settings. For example: misunderstandings with conflict between colleagues conflict between staff and managers perceptions of harassment, discrimination or bullying communication difficulties Mediation complements formal procedures for workplace issues. It’s based on the principle of problem solving with a focus on the future and rebuilding relationships. A successful mediation should lead to both […]
Employees who challenge and undermine your authority constantly are deliberately obstructing you in your job. They are rejecting your right to oversee them and have decided that you are not their boss. But you are their boss, they just don’t like it. Maybe they believe they should be in charge. Or perhaps they want you to prove yourself or they just have psychological blocks. Whatever the reason, they are trying to undermine your effectiveness. They are under the presumption that they are too clever and you will avoid confrontation. The situation of a disrespectful employee must be resolved immediately. Otherwise the behaviour will begin to interfere with the work environment. Potentially it could also begin to damage the company from within the workforce. It’s not unusual in this kind of situation to feel anger or sheer frustration with the problem. The employee may think it’s okay to walk out of work because they’re unhappy about something. Or decided to take a break when they feel like it. They could simply ignore your reasonable management instructions altogether. So, how can you deal with employees who challenge and undermine your authority? Mediation in the workplace enables disputing parties to discuss their points of view in a […]
A family member falling ill can be a stressful time for all involved. As an employer, you still need to know how to handle staff who take time off for dependents. Whether it’s sick children or caring for an elderly member of the family. Research shows that nearly three million working days are lost each year through this type of absenteeism. According to CIPD, more employers recognise line managers play a vital role in supporting employees. However, most employers aren’t giving them the tools they need to manage absence effectively. The 2016 Absence Management survey revealed that less than half of employers (44%) train managers to handle short-term absence. Employees have a right to reasonable unpaid time off to deal with a dependent who has fallen ill. However, this should be limited to the time needed to make other care arrangements. Usually this takes no more than a few hours or at most one or two days. Where an employee continues to take time off for caring duties, flexibility can help. Perhaps offer the option to make up the time missed. Give them the option to work from home at flexible times during the day. Other options is to offer […]
Employers are worried about using Mediation and Settlement Agreements. The introduction of employment tribunal (ET) fees has changed the balance of power between employers and claimants. It has had a significant impact on employees’ willingness to make claims. Employers spend an average of 19 days of management time dealing with individual ET cases. Larger organisations with more than 250 employees spend 20 days dealing with individual ET cases. While organisations with fewer employees spend around 12 days. CIPD (2015) Recent legislation has only a limited impact on employers’ approaches to managing conflict. However, there is growing support for an alternative dispute resolution. Try something different to the usual formal discipline and grievance processes. Employers are beginning to use informal methods when attempting to dismiss staff. Employers are beginning to use mediation and settlement agreements as a means of terminating employment. The majority (56%) of employers asked in a recent CIPD survey that they feel settlement agreements are a useful mechanism for removing an underperforming employee without the need to go through an unnecessary and time-consuming performance management process. Employers are making increased use of mediation, and other forms of alternative dispute resolution, to resolve workplace issues, but many HR managers […]
