Workplace mediation How employers do it - CIPD

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Issues most suitable for mediationWhat are the outcomes of mediation?Table 7: What issues is mediation most suitable fordealing with?% sayingsuitableor verysuitableRelationship breakdown 86Bullying or harassment 74Discrimination on grounds of race 55Discrimination on grounds of sex 54Other forms of discrimination 48Conditions of employment 36Discipline 31Pay 28Dismissal 26There is a clear hierarchy of issues in terms of theirperceived suitability to be dealt with by a process ofmediation. Outstandingly the most suitable formediation is judged to be relationship breakdown.This underlines the value of mediation as a method ofleading parties to re-evaluate their feelings towardsone another, where financial compensation is lesslikely to be appropriate. Bullying and harassment comesecond, with three in four respondents seeing them aseither very suitable or suitable to be dealt with bymediation. Discrimination issues are also judgedsuitable or very suitable for mediation by a majority ofrespondents. Issues about pay and conditions are ingeneral less likely to be seen as suitable for mediation.The scores for discipline and dismissal are particularlyinteresting. Managers are unlikely to want to surrendertheir discretion in relation to disciplinary issues wherethey believe that a point of principle is at stake.However, the line between disciplinary and grievanceissues may in specific instances become blurred, in whichcase the employer may prefer to tackle underlyingrelationship issues by means of mediation rather thanimpose a disciplinary solution. Where an employee hasbeen dismissed, or is threatened with dismissal, therelationship will often either be at an end, or levels ofmutual trust will be very low, so that mediation may beconsiderably less likely to have a positive outcome.Table 8: What actions were taken followingmediation?%Both parties stayed in the samejob with partial resolution of the 37issueBoth parties stayed in the samejob with full resolution of the 27issueOne or both parties left theorganisation18One or both parties withdrew aclaim to an employment tribunal9One or both parties movedto another job within the7organisationOne or both parties made a claimto an employment tribunal3One or both parties signed acompromise agreement and3remained in the organisationOther 8In almost nine out of ten cases, respondents feel thatthe issues the mediation was designed to address wereresolved either partly (58%) or completely (30%).Complete resolution of issues is reported in a higherproportion of cases where internal mediation is used.Although mediation was said to follow an actual orthreatened employment tribunal (ET) claim in only16% of instances, in 9% of instances ET claims werewithdrawn, suggesting that, in the majority of thosecases where mediation is used, it is effective inresolving issues that would otherwise have had to beresolved at a tribunal.It is notable that, in more than half of cases, bothparties stayed in the same job following mediation,with either full or partial resolution of the issue.Workplace mediation 7
What inhibits the wider use of mediation?Why don’t more organisations make use ofmediation?Of those respondents who accessed the survey, morethan half (57%) say their organisation has no experienceof using mediation to deal with issues affectingindividual employees (excluding statutory conciliation byAcas). These respondents were asked why they thoughttheir organisation had not used mediation.Table 9: Why don’t some organisations use mediation?%Haven’t had any problems thatwould suit mediation49Considering using mediation 23Too expensive 15Haven’t had any problems 15Don’t know any mediators 15Don’t believe it’s appropriate toinvolve third parties11Don’t believe it would work 4Not interested in mediation 3What inhibits organisations from making moreuse of mediation?Table 10: What inhibits organisations from making more use of mediation?%Cost of using mediation 22Lack of understanding about theprocess21Lack of trust in mediation process by employees16Lack of interest by seniormanagement13Difficulties in finding a mediator 12Resistance from line managers 12Risk of undermining management’sability to use disciplinary sanctions9Lack of support from workforce/trade union5Respondents whose organisations have experience ofusing mediation were asked if they are inhibited frommaking more use of it by a range of factors.Nearly two out of three respondents say they have noproblems, or none that would suit mediation. Some ofthese organisations are presumably either small, orparticularly well managed, or lucky. In other cases,respondents may simply have failed to recognise issuesthat could usefully have been dealt with by mediation.Other responses suggest more principled objections tomediation, including one in ten respondents who don’tbelieve it’s appropriate to involve third parties in disputesat work. However, significant minorities either feelmediation is too expensive or don’t know any mediators,or an organisation that helps with mediation (15% ineach case). Reliable information and advice about sourcesof mediation could clearly be helpful in these latter cases.Encouragingly, more than one in five organisationsthat have not used mediation say they are consideringdoing so.Cost is seen as the biggest single issue inhibiting thegreater use of mediation, but is significantly moreimportant in the public and voluntary sectors (27%)than in the private sector (15%). Lack of trust byemployees is also an important factor (referred to by16% of respondents) – substantially more importantthan lack of support from the workforce or tradeunion (5%). Where employees lack trust in theprocess, mediation is less likely to have been seen assuccessful in resolving issues referred to it. Employeemistrust in the mediation process is a significantlymore influential factor in the public sector (20%) thanin the private sector (12%).Lack of understanding about the process (21%), lackof interest by senior management (13%) anddifficulties in finding a mediator (12%) are othersignificant factors inhibiting the use of mediation.Resistance by line managers is seen as inhibiting theuse of mediation by 12% of respondents.8Workplace 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: Business case for mediationWhat are
Page 11 and 12: Costs of using mediationTwo in five
Page 13 and 14: However, other respondents felt the
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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