HR VOICE . JULY <strong>2014</strong>The religious adherence to formal rules and procedures bymanagers or HR can lead to complications. It gives the groundupon which organizational members then come to “take sides”to make judgments or ascribe blame. Should the partiesdecide to litigate at this stage the process will be almostentirely out of the hands of the disputants and is prosecutedand defended by lawyers on the basis of evidence submitted tocourt and of subsequent argument that are then adjudicatedby the Judge. This is a public, adversarial and binding process.Such interventions inevitably create some drawbacks, in thatin their nature they are highly adversarial, blame-based andconsequently generate “winners and losers”to get their informed consent about the process, explained howthe process of mediation worked (full details of when and howthis process works will be explained in the next edition!) and tounderstand each team member’s perspective of the problemsaffecting the team. This team had a total of 18 burning issuesoutside of the e-mail saga that had been compounding over along period of time. These issues included among many otherspoor communication, mistrust, accusations of racism as it wasa multi-racial team, scape-goating, lack of responsibility forproblems in the team and lack of respect for authority.Mediation falls under the spectrum of Alternative DisputeResolution (ADR) and its broad goal is to improve the businessdispute resolution environment by providing an informalbusiness-friendly dispute resolution mechanism. The mediatorwho is called upon to intervene in a workplace conflict/disputesituation serves a neutral third-party, uses facilitative andtransformative skills and techniques to assist the disputantsto work through their issues and reach an agreement on theirown.Harmonious workplace relationships are essential to optimumbusiness efficiency. Even minor problems can develop intogrievances or disputes if they’re not dealt with quickly andeffectively. This is true of issues involving individuals or groups(including trade unions or other representatives). Althoughhaving suitable policies and procedures to resolve workplaceproblems is essential, in many cases a positive result can beachieved through early and informal intervention.The Art and Science ofMediationMediation is both a science and an art. The science of mediationconsists of many academic disciplines, such as: legal theory,game theory, economics, and psychology. For the end users ofmediation – parties to the dispute – mediation is largely aboutthe art of effectively and efficiently resolving their conflicts.Therefore, ADR and particularly mediation should serve astools for behavioural changes of the parties to help them moreeffectively resolve their disputes.Mediation is highly cost-effective in terms of the immediaterenewal of performance and the restoration of workingrelationships and job satisfaction. It is also financiallyadvantageous when compared to the time and financial timebased involvement that attaches to legal action of resolvingdisputes. Finally and overall, mediation offers uniquely themost significant chance of multiple win-win outcomes for allthe disputants, as well as for their business or organization.Mediation can be said to give disputants the opportunity fortheir real needs to be met. As such, it contributes to the moraleand emotional health of any organizations that choose to give itpride or place in their conflict resolution culture.Methuseli Dube is a full-time Consultant and ADR Specialist atthe Restorative Justice Centremethuseli@rjc.co.zaMediation is often regarded as a better option than the moreconventional mechanisms for the settlement of labour disputes,because of the lower cost and greater speed involved. Becauseit normally requires the consent, and thus the commitment, ofthe parties involved, it has the potential of presenting a moresuccessful and sustainable solution to labour disputes.In the conflict situation at the beginning of the article, a trainedand skilled mediator met with each team member individuallyPROFESSIONAL SERVICES . PAGE 12
HR VOICE . JULY <strong>2014</strong>LEARNING AND QUALITYASSURANCETalking to MSC College – PretoriaBranch HR Students.On 28th May we were hosting students from MSC College on various topics rangingfrom what is <strong>SABPP</strong>’s role, what we’ve done in the past 3 years, products that wehave developed to help the HR industry, and what are the benefits of registering asprofessional member.Later on we did a short presentation on what are current challenges and what are thecareer pathways within the Human Resources field.We addressed some of the concerns and opportunities. We spoke about Job Bandsand Pay structure within different levels and expertise.Talking to students on HumanResources career.<strong>SABPP</strong> was invited by Jeppe College to speak to approximately 220 matric and currentHR students on 30th May to discuss challenges, the role of HR in the world of workand career path.This discussion was supported by industry, union and Commission for Conciliation,Mediation and Arbitration (CCMA) Commissioner Molefe. Naren from <strong>SABPP</strong>facilitated a panel discussion on current strikes, the role of CCMA and commonscenarios (misconduct, sexual harassment, unfair labour practices and challengesthey face with small organisations that are mediated between employee andemployers.BEING UP TO DATE WITH THE TIMESALWAYS WINS!REGISTER NOW!professional@sabpp.co.zaLEARNING & QUALITY ASSURANCE .PAGE 13
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