Mediation: an approach to resolving workplace issues - CIPD

Trade union support
‘Where there is a simple disagreement which has escalated, mediation may return the working
relationship to a point where it was stable and productive. In our experience, it is rare for working
relationships to start badly and get worse. There was usually a point at which the relationship worked
and this can be returned to when the parties put the conflict into perspective and remember how they
used to work well. Mediation creates an environment in which this can happen. In our experience, this
works best where a thoughtless comment has gone unchallenged but led to bad feeling or where a
professional disagreement has become personal.’
Trade union representative, Unison, East Lancashire Primary Care Trust
Case study: Gaining trade union buy-in at the University of Central Lancashire
The University of Central Lancashire (UCLan) had used external mediators and one internal mediator since
2005. It then trained its own in-house mediators and appointed a scheme manager as part of its own
internal mediation service.
The UCU, Unison and Unite trade unions were recognised by the university. HR and trade union
interviewees described the employee relations climate as ‘healthy’. UCLan’s experienced mediator cited the
unions’ positive attitude towards the introduction of mediation, and their constructive input into the new
grievance procedure, as evidence of this. For the unions, mediation fitted with their approach of resolving
disputes at the lowest possible level.
Describing the unions’ reaction to mediation, the scheme manager commented: ‘they could see exactly
where it fitted with the process and I think they feel comfortable with where their role starts and finishes.’
The unions asked questions about what would happen if someone admitted to something in mediation
that could go against them, but they were reassured by the explicit statement in the mediation policy that
mediation was confidential and therefore would not be disclosed to anyone outside the mediation service
unless it related to a potentially unlawful act or a serious risk to health and safety.
A trade union representative at UCLan said that:
‘Mediation is an ideal way of dealing with ill-defined problems, where there is no clear evidence and a
positive outcome from normal grievance procedures is unlikely. It also allows people to be listened to.
And it will be useful for problems between peers, which the unions find more difficult to deal with than
problems between a manager and an employee.’
Where trade unions are recognised, it is possible
that there could be some preliminary mistrust of the
mediation. Some trade union representatives could
perceive that mediation will weaken their own role,
for example, or that individuals’ statutory rights could
be undermined. It is essential that the acceptance and
support of union and employee representatives are
sought from an early stage in introducing mediation,
or there is a risk that it will not be viewed as a
legitimate option for settling differences between
employees, particularly union members. There is every
indication that, where organisations work with trade
unions to embed mediation, it is accepted – and even
championed – by them.
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MEDIATION: AN APPROACH TO RESOLVING WORKPLACE ISSUES