Workplace mediation How employers do it - CIPD

deal with conflict. Informal discussion between thoseaffected, or ‘dialogue’, is seen by survey respondentsas the single most important method of resolvingworkplace conflict. It is when dialogue has brokendown that mediation needs to be considered, alongsideother options including settlements following Acasconciliation or compromise agreements.The findings of this survey represent a challenge tothe Government’s aspiration to develop mediation asa preferred alternative to employees making claims toemployment tribunals. Although many employersalready use mediation and see it as a means ofdiscouraging tribunal claims, according to the surveymost current mediations have no relationship to anyactual or threatened tribunal claim.If mediation is to have a significant impact on thevolume of tribunal claims, therefore, it will have todevelop in one of two main ways. One is byidentifying potential tribunal claims, either beforethey reach the tribunal service or before a hearingtakes place, and offering claimants and employersmediation as a more attractive alternative. This has tobe a voluntary process, both to protect individuals’statutory rights and because mediation will nototherwise be effective. This survey is helpful inindicating those issues where mediation is seen asparticularly likely to be effective.The second route to building up mediation as aneffective substitute for tribunal claims is for employersto adopt mediation as the core of their conflictmanagement processes, and use it to reinforce atrust-based culture, which will mean that few if anydisputes reach a critical stage. Short-term resultscannot be expected in this area, but the CIPD willcontinue to promote the value of a mediation cultureas a component of effective people management andleadership.Workplace mediation 15