Workplace mediation How employers do it - CIPD

• In 9% of instances where mediation was used, ETclaims were withdrawn.• In more than half of cases, both parties stayed inthe same job following mediation.• In almost nine out of ten cases, respondentsfeel that the issues the mediation was designedto address were resolved either partly (58%) orcompletely (30%).Why don’t more organisations make use ofmediation?• Of the 766 respondents who accessed the survey,more than half (57%) say their organisation had noexperience of using mediation to deal with issuesaffecting individual employees.• Nearly two out of three of these respondents saythey have no problems, or none that would suitmediation.• One in ten respondents don’t believe it’s appropriateto involve third parties in disputes at work.• Significant minorities either feel mediation is tooexpensive or don’t know any mediators, or anorganisation that helps with mediation.What inhibits organisations that do usemediation from making more use of it?• Cost is seen as the biggest single issue inhibitingthe greater use of mediation.• Lack of trust by employees is also an importantfactor referred to by 16% of respondents.• Lack of understanding about the process (21%),lack of interest by senior management (13%) anddifficulties in finding a mediator (12%) are alsosignificant factors.• Resistance by line managers is seen as inhibiting theuse of mediation by 12% of respondents.Building mediation into workplace procedures• Fewer than one in ten organisations currentlyincorporates mediation in the employment contract.• Grievance and disciplinary procedures are the maininstruments by which organisations communicatetheir policy towards mediation.• Stand-alone mediation policies are relativelyunusual (13%).• Mediation is written into policies on diversity,harassment or bullying in nearly half (46%) oforganisations.• Two in five respondents see it as undesirable for anemployee to be accompanied during mediation.Costs of using mediation• Two in five organisations have incurred costs inusing mediation, in addition to management time;more than half have not.• Of those organisations that have incurred costs inusing mediation, 75% say they have been incurredmainly in using a mediation service, while themajority of the rest (13%) say they were incurredmainly in taking legal advice.• Others say costs were incurred mainly in trainingmediators (5%), use of accommodation at a neutralvenue (5%) and travel expenses (2%).Use of external mediation• More than half of organisations (56%) have usedan external mediator; 36% have not.• Almost nine out of ten respondents that have usedan external mediator are either very (47%) or fairly(41%) satisfied with the service provided.• Three-quarters obtained their services throughadvice from or contact with either Acas (27%), acommercial organisation specialising in mediation(25%) or a business contact or colleague (25%).• One in four respondents used a professionalmediator from Acas, one in two used anorganisation other than Acas, while 10% used anHR consultant.Promoting mediation• Twenty-five per cent of respondents say thatcommunicating the aims and benefits of mediationto all staff is the single most important thingthat could be done to promote the wider use ofworkplace mediation.• Other factors identified by respondents are trainingmanagers in the use of mediation (15%), with afurther 7% opting for (unspecified) training.• Eleven per cent of respondents focus on the needto raise awareness of how to access mediation,with a further 6% emphasising the importance ofeasy access to mediation.Workplace mediation 3