Mediating Workplace Conflict

Benefits of Workplace Mediation Before the Lawsuit Happens:

Would you rather retain valuable employees or lose them through an expensive lawsuit?

Workplace mediation benefits employers and employees alike because it provides creative, mutually satisfactory resolutions to conflict while fostering mutual respect, improved communication and overall improved workplace culture.

When a dispute is mediated shortly after it arises, the chances of optimal resolution are much greater: the parties' differences have not had a chance to solidify, the situation is generally more fluid, and the parties have more options available to them. Also, if an agreement around future behavior or terms is reached by the participants, that agreement is likely to last longer than resolutions imposed on them by an outside authority because everyone involved contributes to and buys into them. Perhaps most importantly, mediation is a way to mend frayed working relationships, even when those involved are extremely upset.

Cost Savings and Employee Retention:

Over 90% of civil cases that use mediation settle at mediation, with a further percentage settling within weeks following weeks mediation, once parties have seen and explored the other person's position. However, by the time a workplace conflict has exploded into a lawsuit, the organization has expended thousands of dollars in attorneys' fees.  Also, retention of the employee is less likely because by then, the attorney on the opposing side will be seeking some kind of monetary damages as a solution.  Why wait until conflict resolution becomes a matter of position bargaining over dollars?  Of the companies using pre-mediation, over 81% said it was quicker, over 79% said it was more effective and almost 85% said it has reduced their anticipated legal costs. Why not mediate before conflict devolves into a lawsuit?

Not a Settlment Conference or Collective Bargaining:

Workplace mediation is different from mediation within litigation. The primary goal of litigation mediation is to settle the case. The primary goals of workplace mediation is to allow the participants a forum to address conflict in way that leaves them better able to work together in the organization in the future. Traditional "settlement conferences," in which the mediator separates the parties and shuttles back and forth between them, often will not be adequate to this task; nor are mediators who operate that way. The participants will need to work through their differences together and this requires mediators skilled in sitting with participants during the exploration of their specific conflict aspects.

As the parties gain an expanded understanding of the situation, their ability to work together toward resolution -and work together after resolution-increases.  Also, the organization can learn about the evolving needs of its workers, which can improve employee retention, overall workplace culture, morale and productivity. 

Value of a skilled third-party neutral:

Many human resource professionals have been mediating workplace conflict for years. Some now seek mediation training to better serve their organization and coworkers in conflict. However, at times, because one or more participants cannot trust an employee to be neutral or to maintain confidentiality, both of which are essential to a successful mediation, bringing in outside professional mediators is vital. Where the dispute could end up in litigation if not resolved, this is worth the relatively low cost of hiring a mediator who can address the relational issues of workplace conflict and who also understands what litigation is.

Virtually any difference that arises in the workplace can benefit from mediation if the parties are willing to deal directly with each other and if the company has the resources to provide a mediator.  However, there are certain types of workplace conflicts in which any organization would be well-advised to offer mediation with an "outside" professional neutral. These include:

Sexual harassment complaints. People often assume that parties to a sexual harassment complaint cannot work together to resolve the dispute. That assumption can the parties and the organization a disservice. The complaints may often arise as a result of differences in perception about what is funny or flattering and what is offensive behavior as opposed to what is acceptable, or they arise as a result of one person's failure to respect the other or to understand the effect of his or her behavior on the other. If the parties are willing to talk with each other with the assistance of a neutral, these complaints can be mediated to excellent conclusions. The employer can save its relationship with both employees and avoid an expensive and painful lawsuit.

Personality Disputes between employees. Sometimes interpersonal differences prevent coworkers from functioning effectively together. If the organization needs both employees and needs them working together, mediation can be very effective.

Deteriorating performance. A good employee can stop performing well for many reasons. When a supervisor or manager addresses the problem directly, the employee can respond with fear and defensiveness, resulting in further deterioration. Mediation between them can help each understand the other's needs, requirements and requests and can yield an agreement about how they will work together in the future. Both are more likely to observe such an agreement because both created it.

Termination. Even though the termination poses litigation risks, mediation on the terms of the separation can be very helpful. The employee has a chance to communicate severance needs and to affect the nature and quality of the severance package, while the employer has an opportunity to eliminate its litigation exposure. The employee may never agree that the termination was warranted but will more likely feel heard and understood and may also come to understand the reasons for the employer's action. These realizations can make it easier for terminated employees to move on without litigation.

Co-Mediation Model and Training:

For workplace Conflict, I can offer either single or co-mediators. Co-mediation, especially an experienced male and female mediator, can be the most effective form or mediation available. I also offer training for HR professionals and other workers interested in creating a conflict resolution system that works for your organization.

Questions about services, availability and rates for Workplace Mediations?

Contact the office at (207) 409-3542 or via the contact form.