Using Mediation to Resolve Company Conflict
For most employers and organisations, workplace mediation is a relatively new idea – so to understand what it is and what it isn’t will help you make an informed choice about whether and how to best use it as an intervention, doing so will radically reduce the cost and headaches of conflict .
In a nutshell mediation is a non-confrontational approach to resolving conflicts and disputes. It involves an impartial person independent person , also known as the mediator , who facilitates a conversation between those involved in the conflict and helps them to talk about what matters most and explore ways of resolving their conflicts in a way that satisfies their mutual needs . Like any discipline there are different theories, practices and approaches that typically distinguish some experienced mediators from others. Here are the most common approaches to mediation;
Facilitative Mediation
This model of mediation has probably been around the longest and is the most popular model for resolving conflicts and disputes, particularly those in organisations This approach was made popular by the Harvard Negotiation Project as an economic model of conflict resolution. The approach advocates some key principles; self determination, the right to act on one’s own behalf free and informed consent the understanding that one takes part in the mediation meeting solely on a voluntary basis and equally can leave at any point if they wish and confidentiality.
A facilitative mediator is one that acts as a substantively neutral facilitator, in other words they will not remark on, share views or opinions on the content of the conversation. The mediator will manage a structured process, ensure all parties feel comfortable and safe to take part in the meeting and use their skills to help enhance the quality of the dialogue that takes place . The outcome of the mediation is the duty of the parties – it is they who will decide what, if any agreements are to be made and what the terms of those agreements will be - this is the self determination aspect of mediation . It’s the job of the mediator to give the parties the best chance of reaching an agreement and creating the atmosphere that best promotes a settlement discussion. The facilitative mediator will have learnt some core people skills , process skills, mediation management skills and have a broad understanding of conflict .
Transformative Mediation
The transformative model of mediation was first developed in the US by Robert A. Bush and Joseph Folger and is based on the idea that human beings have the inherent capacity for strength and connection which become impaired during interpersonal conflict. The role of the transformative mediator is to support the parties find their own way in the conversation such that these inherent capacities get activated. So the process is much less structured and the parties dictate the content, flow , direction and result of the mediation.
Evaluative Mediation
Evaluative mediation is similar in many ways to Facilitative with one important difference; the mediator’s role is to offer parties views and opinions with regard to the relative strengths and weaknesses of each side’s case or argument. So in some ways the role of the mediator can be seen to mirror that of a lawyer, advising parties on the strengths of their case apart from the responsibility for making decisions – which ultimately revert back to the parties. Evaluative mediation is more common in commercial and contractual disputes as opposed to workplace or employment disputes.
Mediation is a powerful tool to address workplace conflict. It can help save your business considerable legal costs, not to mention the hidden costs incurred as a result of poor business decisions, lower morale and motivation, fragmented team relationships and the time spent by managers and HR professionals trying to sort out the mess ;
1. The mediator is a neutral person
2. The parties are there on a voluntary basis
3. The parties have the last say when it comes to the outcome

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