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Mediation: an approach to resolving workplace issues - CIPD

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In the 2011 <strong>CIPD</strong> Conflict M<strong>an</strong>agement survey<br />

report, 57% of respondents report using mediation.<br />

More th<strong>an</strong> two in five respondents say they use<br />

internal mediation only, while fewer th<strong>an</strong> one in<br />

five rely on external mediation only. Two in five use<br />

both. There are a number of org<strong>an</strong>isations offering<br />

mediation in employment. As well as Acas, there<br />

are a number of commercial <strong>an</strong>d not-for-profit<br />

org<strong>an</strong>isations <strong>to</strong> choose from.<br />

arr<strong>an</strong>gements within the org<strong>an</strong>isation, mediation<br />

should also be discussed <strong>an</strong>d agreed with employee<br />

representatives.<br />

The 2008 <strong>CIPD</strong> survey on <strong>workplace</strong> mediation found<br />

that griev<strong>an</strong>ce <strong>an</strong>d disciplinary procedures are the<br />

main ways by which org<strong>an</strong>isations communicate<br />

their policy on mediation. St<strong>an</strong>d-alone policies on<br />

mediation are relatively rare.<br />

There are other org<strong>an</strong>isational fac<strong>to</strong>rs that need<br />

<strong>to</strong> be taken in<strong>to</strong> account before deciding which<br />

mediation model is most suitable. It will be easier <strong>to</strong><br />

introduce mediation in<strong>to</strong> <strong>an</strong> org<strong>an</strong>isation that already<br />

has a culture that is supportive of staff well-being<br />

<strong>an</strong>d where the m<strong>an</strong>agement style is more open <strong>an</strong>d<br />

consultative. If there are well-established policies<br />

<strong>an</strong>d processes for promoting diversity <strong>an</strong>d wellbeing,<br />

<strong>an</strong>d dealing with bullying <strong>an</strong>d harassment, for<br />

example, mediation is likely <strong>to</strong> sit naturally within the<br />

org<strong>an</strong>isation’s <strong>approach</strong> <strong>to</strong> people m<strong>an</strong>agement.<br />

The geographical spread of the org<strong>an</strong>isation also<br />

needs <strong>to</strong> be considered at the outset. If there are<br />

several sites, nationally <strong>an</strong>d/or internationally, the<br />

employer needs <strong>to</strong> decide how mediation will be<br />

made available <strong>to</strong> all staff located in regional offices.<br />

If there are groups of media<strong>to</strong>rs in different comp<strong>an</strong>y<br />

locations, there will need <strong>to</strong> be systems <strong>an</strong>d processes<br />

in place <strong>to</strong> moni<strong>to</strong>r <strong>an</strong>d support them. Similarly, if<br />

external media<strong>to</strong>rs are being used, thought needs <strong>to</strong><br />

be given <strong>to</strong> their regional availability.<br />

Comp<strong>an</strong>y policies <strong>an</strong>d procedures<br />

<strong>Mediation</strong> will be most effective if it is consciously<br />

introduced as part of the org<strong>an</strong>isation’s <strong>approach</strong> <strong>to</strong><br />

people m<strong>an</strong>agement, <strong>an</strong>d reflected in the culture <strong>an</strong>d<br />

policies <strong>an</strong>d processes of <strong>an</strong> org<strong>an</strong>isation. <strong>Mediation</strong><br />

may also be written in<strong>to</strong> individual employment<br />

contracts. In this way, it will be viewed by m<strong>an</strong>agers<br />

<strong>an</strong>d employees alike as a legitimate me<strong>an</strong>s of<br />

<strong>resolving</strong> conflict. If there are collective consultative<br />

Whether or not mediation is incorporated explicitly<br />

as <strong>an</strong> <strong>approach</strong> within some of the org<strong>an</strong>isation’s<br />

procedures is a matter for the org<strong>an</strong>isation <strong>to</strong><br />

decide. There are a number of different ways in<br />

which reference <strong>to</strong> mediation c<strong>an</strong> be included within<br />

comp<strong>an</strong>y policies, as our case study org<strong>an</strong>isations<br />

indicate. For example, at Cus<strong>to</strong>mer Service Direct<br />

(a joint venture between Suffolk County Council,<br />

Mid Suffolk District Council <strong>an</strong>d BT), Suffolk County<br />

Council’s mediation policy was written in<strong>to</strong> its bullying<br />

<strong>an</strong>d harassment policy <strong>an</strong>d the main unions had<br />

ratified the policy.<br />

The University of Central L<strong>an</strong>cashire, me<strong>an</strong>while, was<br />

just about <strong>to</strong> launch mediation as part of its updated<br />

griev<strong>an</strong>ce procedure. The procedure identified<br />

mediation as part of the informal stage – mediation<br />

could be used before a formal griev<strong>an</strong>ce had been<br />

lodged, at <strong>an</strong>y time during the griev<strong>an</strong>ce procedure<br />

(by freezing proceedings by mutual consent) or at the<br />

end, if working relationships needed <strong>to</strong> be repaired.<br />

At West Midl<strong>an</strong>ds Police, mediation was mentioned<br />

in the published resolution procedure materials. It<br />

was stipulated that mediation was a voluntary process<br />

<strong>an</strong>d could be used as <strong>an</strong> additional <strong>to</strong>ol prior <strong>to</strong>, or at<br />

<strong>an</strong>y time during, the resolution procedure <strong>to</strong> resolve a<br />

breakdown in <strong>workplace</strong> relations, but it did not take<br />

away <strong>an</strong> individual’s right <strong>to</strong> the formal procedure.<br />

18<br />

MEDIATION: AN APPROACH TO RESOLVING WORKPLACE ISSUES

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