Using Mediation to Resolve Business Conflict

For most employers and organisations, workplace mediation is a relatively modern concept unknown quantity   – so to understand what it is and what it isn’t will help you make an informed choice about whether and how to best use it as an intervention to resolve the types of conflict that are common in organisations  .

In a nutshell mediation is a non-confrontational approach to resolving  conflicts and disputes. It involves an impartial person impartial third-party   , the mediator , who facilitates a conversation between those involved in the conflict and helps them to talk about the issues at the heart of the conflict the matters that are currently affecting their relationship or productivity    and explore ways of resolving their conflicts in a way that ensures both parties are to some extent satisfied about the outcome they reach . Like any discipline there are different theories, practices and approaches that typically distinguish some experienced mediators from others. Here are the most common approaches to mediation;

Facilitative Mediation
Facilitative mediation is probably one of the earliest forms of mediation based upon the core principles of self determination, free and informed consent and confidentiality. This approach was made popular by the Harvard Negotiation Project as an economic model of conflict resolution. The approach advocates some key principles; self determination, the right to determine for oneself the outcome  free and informed consent the understanding that one takes part in the mediation meeting solely on a voluntary basis and equally can leave at any point if they wish   and confidentiality.  
A facilitative mediator is one that acts as a substantively neutral facilitator, in other words they will not comment on, share views or opinions on the content of the conversation. The mediator will manage a structured process, ensure all parties feel comfortable and safe to take part in the meeting  and use their skills to help the parties have a productive conversation where each one is heard and each one has a voice  . The outcome of the mediation is the duty of the parties – it is they who will decide what, if any agreements are to be made and what the terms of those agreements will be  - self determination is a fundamental principle  . It’s the job of the mediator to give the parties the best chance of reaching an agreement and creating the atmosphere that best promotes a settlement discussion. The facilitative mediator will have learnt some core interpersonal skills , process skills, mediation management skills and have a broad understanding of conflict .

Transformative Mediation
The transformative model of mediation was first developed in the US by Robert A. Bush and Joseph Folger and is based on the idea that human beings have the inherent capacity for strength and connection which become impaired during interpersonal conflict. The role of the transformative mediator is to support the parties find their own way in the conversation such that these inherent capacities get activated. So the process  doesn’t necessarily follow a particular order  and the parties dictate the content, flow , direction and outcome of the mediation.

Evaluative Mediation
Evaluative mediation is similar in many ways to Facilitative with one important difference; the mediator’s role is to offer parties views and opinions with regard to the relative strengths and weaknesses of each side’s case or argument. So in some ways the role of the mediator can be seen to mirror that of a lawyer, advising parties on the strengths of their case apart from the responsibility for making decisions – which ultimately revert back to the parties.  Evaluative mediation is more common in commercial and contractual disputes as opposed to workplace or employment disputes.  

Mediation will save your company time and money. The cost of conflict can be radically reduced as parties talk through their differences rather than call their lawyers. Your HR professionals can then spend their precious time on critical business activities. So whichever mediation approach you take and whichever workplace mediator you decide to choose, the things that are most important to remember are ;

1. The mediator is a neutral person

2. The parties are there on a voluntary basis

3. The parties decide for themselves any agreement or outcome 

 

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