Finding a middle ground can be hard. Disagreements in the workplace happen, but sometimes, you may need a little bit of extra help to solve them, and ensure the parties involved are satisfied. This is when mediation comes into play.
What is Mediation?
Mediation is a process in which a neutral, third-party comes in to help resolve conflict. This is done by nurturing open communication, and guiding parties to reach a mutual, acceptable solution moving forward. It is used to solve disputes, preserve professional relationships, and avoid formal legal processes.
The Key Benefits
1. Confidentiality: Hiring a mediator can avoid unwanted public attention, and protects your business and employees from sharing sensitive information.
2. Informality: Since mediation is informal, involved parties are allowed to be direct and expressive, which can be beneficial and cathartic for reaching a solution.
3. Flexibility with Time: Mediation can start anytime, and anywhere, as opposed to court dates which are scheduled and have longer wait times.
4. Often Cheaper than Litigation: Paired with the previous point, mediation is typically cheaper than appearing in court, and is often paid for by the employer.
5. More Control: Through mediation, you are able to have more control over the outcome, which can help you consider your next steps.
Points to Consider
1. Participation is voluntary, and the parties involved do not have an obligation to attend mediation meetings.
2. Mediation meetings are best run if there is an effective structure. All parties must identify their needs and get the opportunity to express themselves appropriately.
3. There are no guarantees to avoiding court. Mediation is a great tool, but in some cases may not be enough to reach an internal solution.
4. Mediation can be costly in the short term.
Source: Ministry for the Environment (2021)
The Bottom Line
Mediation can be an effective tool in resolving disputes within your business. It is essentially a middle ground between solving things internally, and solving things in court. Its success depends on how you structure your meeting, how the involved parties are feeling, and the severity of the dispute. Focus on making rational judgements that will benefit your team and business moving forward
How we can Help
At People Associates, our expertise in mediated problem-solving enables us to facilitate constructive dialogue and find common ground, minimising conflict and maximising positive outcomes. We’ll work diligently to achieve negotiated settlements that address your concerns and protect your rights, while addressing your obligations. You can also download our guide to mediation here.
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