10 Things to Know about Mediation at Work
1. What is mediation?
Mediation is a tool to resolve conflicts that involves a neutral third party. The third party, usually a trained mediator, helps the parties in a dispute find a mutually satisfying way forward. The “parties” are the two people in conflict (it can also be two companies, or informal groups that are larger than just a single person on each side). To say they find a “mutually satisfying” way forward simply means that the resolution is voluntary; the mediator does not tell the parties they have to do anything.
2. Is mediation right for the workplace?
It may go without saying, but the workplace is full of opportunities for conflict - and thus for conflict resolution, too! Some cultures welcome disagreements and open discussions; other places may claim to welcome open discussions but really try to shut down disagreements early on. Sadly, this winds up causing conflicts and discomfort to fester. A trained mediator can help resolve these conflicts no matter how long they may have been lingering.
Specific types of disputes mediators can help with include:
Performance management
Equal employment opportunity or discrimination complaints
Contract disputes
Coworkers whose argumentative relationship gets in the way of productivity
Chronic lateness or absenteeism
Co-owners who just can’t see eye-to-eye anymore
Unhappy clients looking for remediation
3. What is the mediation process?
A successful mediation follows a four-step process:
Setting expectations
Storytelling/issue identification
Brainstorming
Resolutions
Each of these stages is discussed during the initial stage, when we set expectations. That stage begins early on, with the mediator checking in with each party to see if they are both comfortable with the idea of mediation, even before a session is scheduled. In fact, parties are typically asked to sign an “agreement to mediator” that simply indicates that they agree to give the process a try, before the second stage starts.
The second stage is the one most people probably think of as mediation: each side gets to tell their story of the conflict. A trained mediator is listening for common issues and points of view, and to understand more of what is at stake in the conflict for each side.
In the third stage, the parties are asked to set aside any judgments and brainstorm a list of potential resolutions. Finally, the fourth stage involves the group choosing a resolution and hammering out the details.
4. How can a mediator help in the workplace?
Mediators resolve conflicts - the ones that keep you up at night. A contract mediator can be the objective third-party, trusted by both sides in the conflict, to help the parties communicate and brainstorm new resolutions.
Larger companies who keep a mediator on retainer demonstrate their commitment to solving conflicts in a productive way, and avoiding more punitive paths like lawsuits, disciplinary actions, or firing people. (Though using a mediator does not prohibit any of those actions!)
5. Do you guarantee a resolution?
This is a tricky one. In just about every situation, going through a mediation does lead to some kind of resolution:
You may get a mediated agreement,
Or the mediation process serves to help you understand each other better so that the conflict is dissolved,
Or the mediation process serves to help you reflect on what you need and you leave the situation.
Here’s the thing: Mediation is voluntary, and the parties come up with their resolution themselves. Even in evaluative mediation, the mediator’s recommendation is not binding unless the parties agree to it in writing.
What might the resolution look like? That’s entirely up to the parties.
Some mediators who have handled many cases - or mediation agencies with a long track record - may advertise a percent agreement rate. This should not be interpreted as meaning your own conflict has those odds of resolution. It’s simply a reflection of the number of previous cases handled by that mediator or agency that came to an agreement.
At CM&F, we don’t offer evaluative mediation, and we don’t advertise odds of getting a written agreement - precisely because we recognize that sometimes a conflict feels resolved even without that document (though if you have a legal case, there will definitely be a written document to resolve it).
What we can promise is to work with our clients until all parties feel ready to move on from the conflict.
6. How do you know when you really need a mediator in the workplace?
When the conflict just won’t go away! You may have tried all the strategies you have up your sleeve and then some, but the problem just keeps arising. That’s when you know you really need a mediator to help you overcome this issue.
Mediation may feel like a last resort - so even when you are at the end of your rope, even when you’ve tried everything, you can still give mediation a try.
7. Who should be present?
The main people involved in the conflict - usually just two individuals - should of course be present, and, anyone else who has decision-making power should either be present for the mediation or available through a phone call or text to sign off on any potential changes that are brainstormed as part of the resolution. While most mediations include a lot of time for the full group to be together, mediators also allow for private conversations as part of the process.
8. Are there different types of mediation?
There are several types of mediation; three main categories are facilitative, evaluative, and transformative.
At CM+F, we use facilitative mediation. Facilitative mediation focuses on the specific conflict that led to the parties (or perhaps a manager or HR professional) contacting them.
Transformative mediation focuses on the relationship between the parties, for example, working on restoring (or creating) a friendship or a productive work relationship between the parties.
Evaluative mediation is a bit different. An evaluative mediator will suggest a specific resolution based on their expertise; the parties are still free to choose that resolution or create a different one with the mediator’s help. Evaluative mediation requires the mediator to use a second expertise - such as in business management, finance, specific types of legal issues, etc.
9. What are the costs involved with workplace mediation?
Generally, mediators will charge a set price per mediation session, that includes administrative work as well as the session. You are not paying for the mediator’s time, but for their expertise - similar to how you pay a premium for a good lawyer. However, generally mediators charge less than lawyers and there are no legal costs involved, as there are with lawsuits.
10. Can mediation be done online?
Yes! There are many reasons to work with an online mediator. The pandemic of course is one reason; convenience is another - not just for scheduling but also to ensure both parties can participate from whatever location is comfortable for them.
Online mediation is not new. There are many experienced practitioners, some of whom use special softwares to assist in resolving disputes. Many online mediators will use an e-signature solution to make it easy for the parties to sign documents. If you have questions about how it will work online, ask your mediator!
This post does not even cover half of what mediation is or how it works! Ask us your questions below.
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