Workplace mediation How employers do it - CIPD

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a friend or colleague. Only a tiny percentage (2%)believe that they should be accompanied by a lawyer,with none in either the public sector or the largerorganisations (employing more than 5,000) respondingin this way.Attitudes towards mediationTable 16: Attitudes towards mediationMediation improves line managers’ability to manage conflict.3.8There is a clear business case fororganisations to use mediation.4.1More widespread use of mediationwill reduce the volume of ET claims.3.7Use of internal mediation has apositive impact on workplace culture.3.9Some employees see mediation asdenying them access to justice.2.8Some line managers see mediationas interfering with their authority.3.1Mediation produces win–winsolutions that leave both parties 3.6satisfied.Use of mediation shows thatorganisations are committed to 4.0recognising individual dignity.Mediation improves parties’understanding of each other’s 4.2position.Note: figures represent mean scores, where ‘stronglyagree’ scores 5 and ‘strongly disagree’ scores 1.Respondents in private sector services were significantlyless likely than those in other sectors to believe thatmediation improves parties’ understanding of eachother’s position.The significant level of support for the proposition that‘Mediation produces win–win solutions that leave bothparties satisfied’ is reflected in the high percentage ofrespondents who said that both parties were able tostay in their jobs following mediation (see Table 8).Learning about good practiceRespondents were asked what are the most importantlessons learned about the use of mediation or aboutrunning a mediation scheme.The most important lesson for most is the need for allparties to buy in to the process of mediation. Onerespondent commented on ‘the need to have linemanagement buy-in to the mediation scheme andsenior management support to ensure mediators aretrained and released from normal duties to carry outmediation’.There was also strong support for the need formediators to be independent/objective/impartial andwell trained.Some respondents advised against assuming thatmediation could be an all-purpose solution, still less a‘quick fix’:Attitudes towards mediation among organisations withexperience of using mediation were very positive.Strongest levels of agreement were for the statementsthat ‘Mediation improves parties’ understanding of eachother’s position’, ‘There is a clear business case fororganisations to use mediation’ and ‘Use of mediationshows that organisations are committed to recognisingindividual dignity and showing respect for theiremployees’.The percentage of respondents agreeing with thesuggestion that ‘some employees see mediation asdenying them access to justice’ was smaller than thatwho disagreed. Attitudes among the smallestorganisations, employing fewer than 50 people, wereconsistently more positive than in larger organisations.‘It can be very successful in certain situations but not allissues can be dealt with by mediation.’‘It is only an additional tool available to resolveworkplace conflict and is not something that can beoffered wholesale in every case. The climate of theorganisation needs to be appropriate already: it will notwork if…there is an undercurrent of mistrust.Something to launch when things are going well, notwhen they start to go, or are already, not healthy!’Workplace mediation 11
However, other respondents felt the most importantlesson they had learned was about the effectiveness ofmediation as a means of resolving disputes:‘It works and brings about cost-effective resolutions.’‘It encourages individuals to understand other people’sviewpoint and knowledge of the impact your ownactions have on others.’‘Mediation helps to keep the channels ofcommunication open so that they do not escalate toformal procedure and costly claims.’‘How powerful it can be in achieving a resolution andleaving individuals with their dignity intact.’What works?Other respondents offered advice on ‘what works’,based on their own experience of managing mediation:The corollary of the need for all parties to buy in tomediation was the insistence that mediation must bevoluntary. ‘There is no point in anyone taking part ifthey feel they have been “conscripted” – they need tounderstand the process and willingly engage.’ Theimportance of frank discussion, honesty and opennesswere underlined.The basic argument for making use of mediation wassuccinctly put by one respondent:‘A lot is gained from people talking about theirproblems before an employee with a grievance goes tothe law. Many conflicts are escalated by externalinvolvement. When employees go for external adviceadditional claims are always added… Too muchformalisation leads to escalation of problems, whichleads to stress for all concerned and costs.’• ‘Use the process early – leaving it until there is noother course of action generally means that trusthas broken down and mediation is unlikely to beeffective.’• ‘Set the ground rules about behaviour during themeeting.’• ‘Trust and confidentiality are crucial.’• ‘As a mediator, leave it to the parties to solve theirown problems.’• ‘More role-playing with real situations duringtraining.’• ‘Ensure you continue to promote the serviceson a regular basis – try different methods ofcommunication to ensure messages are heard.’12Workplace mediation
Page 1 and 2: Survey reportWorkplace mediationHow
Page 3 and 4: Summary of key findingsThis report
Page 5 and 6: Employers’ use of mediationManagi
Page 7 and 8: Business case for mediationWhat are
Page 9 and 10: What inhibits the wider use of medi
Page 11: Costs of using mediationTwo in five
Page 15 and 16: ConclusionsThere is strong support
Page 17 and 18: BackgroundMediation has been define

Workplace mediation How employers do it - CIPD

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