Using Mediation Skills In The Workplace

Mediation Investigations Training

Introduction: The Employer

• The employer is responsible for ensuring the workplace safety (psychosocial ) of it’s employees

• Incidents that lead to psychosocial injury cannot always be eliminated but can be minimised

• An holistic approach to constructive work practices covering the work environment, systems of work & management of people

• Most workplace conflicts arise from personality conflicts & misunderstanding between employees. Things that are seen to be areas of conflict between staff are also areas often informally resolved by other work pairs/groups where there is good communication.

Introduction: Workplace Conflict Resolution

• A division of Workplace Harmony Solutions

• Nationally Accredited Mediators

• Grievance and Workplace Investigators

• Conflict Management Training (prevention and resolution)

• Specialising in working with High Conflict Behaviours

• Master Degrees in workplace and employment law

• Workplace Training and Assessment

• Leadership Training

• Prevention of Bullying and Harassment Training

Psychosocial Hazards @ Work

• Bullying, Harassment, Violence, Fatigue

• Work factors (excessive hours, unreasonable demands, inflexible work

arrangements, poor work-life balance)

• Physical work environment (noise, ergonomics, overcrowding)

• Organisational Practices (poor communication, unclear

roles/tasks/responsibil it ies, unclear l ine of accountabil ity, poor

leadership, performance management, lack of autonomy, management

decisions – lack of fairness/not reasonable)

• Workplace change ( job insecurity, uncer tainty, rate of change, com’s

around change, staff turnover, change in status)

• Interpersonal issues (conflict, poor workplace relationships, personality

differences, lack of friends, intolerance of diversity, misunderstanding)W H O ( 2 0 0 9 ) , E c o n t e c h ( 2 0 0 8 ) & o t h e r s

Why Can’t We ‘See’ These Issues?

• Managers are too busy and are not ‘looking out’ for issues

• ‘ It is how we’ve always done it’

• Managers expect others to have higher resilience levels

• Staff not communicating and presenting issues

• Managers dismissing staff complaints

• Conflict avoidance especially around ‘soft’ issues

• Robust conversation or bullying?

• Light hearted banter or belittling?

Slippery Slope

Prelude factors Trigger event

Seeking confirmation

Events

compounding

Crisis

Based on d iagram of conf l ic t by The Conf l ic t Network

Addressing ‘Issues’ Early

• Up skilling team members and managers to be able to constructively address issues at the earliest moment possible

• Embracing team members suggestions/perspectives etc.

• Training

• Leading by example

• Embedding as culture

• Managers skilled in facilitation/mediation

Addressing ‘Issues’ Early

• Incidents leading to psychological injury can present as insurmountable barriers

• Resolution must have concrete steps/actions that are measureable, observable, specific, time imposed etc. to eliminate or greatly reduce chances of reoccurrence of issues

• For conflict (especially interpersonal conflict) there must also be discussion and agreement that puts steps in place to build trust.

When to offer internal mediation

• Managers should be able to offer an early intervention process by facilitating discussion when incidents occur ‘at the top of the slippery slope’

• More skilled internal mediators like HR should be facilitating discussion if a ‘trigger incident’ flares up the conflict

• Both of these processes can be offered within short time frames addressing issues early and preventing a negative climate and other issues from escalating

• Keeps the process informal

• Offers employees the opportunity to improve their communication skills and understanding of the other party at an early time frame

When to use external mediation

• When a conflict between two employees cannot be resolved

internally by following HR policies and procedures

• When the issue between employees and the circumstances are

beyond the scope of the relevant manager/s ability to

appropriately resolve or mediate

• When the issue potentially can turn into a WorkCover

psychological stress claim

Why use an external mediator?

• External mediator is seen as independent and promotes fairness to each party involved and therefore supports a higher level of real engagement in the mediation process

• Accredited Mediators are experts in the mediation process -resolving issues quickly and effectively

• Parties often share new information with a confidential, external, independent mediator

• An external mediator brings a ‘new set of eyes’ to the situation

• Parties often feel better heard and understood

• Skilled Workplace Mediators can coach parties to use improved communication techniques at work

• Agreement supports parties & organisation

Benefits

• Cost and time effective process compared to IR action or WorkCover claims

• Reduces loss of productivity at the workplace

• Reduces time and resources being used by org to resolve

• Reduces impact on business costs (tangible and non tangible)

• Assists in keeping morale high within the team/department

• Reduces staff turnover

• Provides a learning opportunity for parties and their manager

• Can eliminate the need for WorkCover claim and/or litigation

• Instils trust and faith in the organisation resolution process

• Promotes values linked to employee well being

• Provides benefits to mental health and well being of the parties

Types of Mediation

• For 90% of cases, a facilitative/restorative mediation approach is most favourable and produces best outcomes

o Parties feel listened to

o Highlight past events – not for blame but learning

o Parties gain better insight into preferences/thoughts of the other party. Breaks down assumptions

o Clarity on how things will be changed and how parties will interact

o Sets scene/starting point for rebuilding of trust & relationship

• For 10% of cases, a directive mediation approach produces best outcomes

o This works best when one or more parties are a ‘high conflict personality’

o A decisive approach to building a detailed written agreement

Getting the Most Out of Mediation

Look for a mediation process that also includes:

• Pre-mediation individual conferencing and conflict coaching

• Post mediation follow up with parties including coaching

• Having support persons present as silent parties

• Allows a manager to sit in as a silent party

• At least a full day for the joint mediation meeting

• The delivery of a typed and signed agreement for each party, their manager and HR (to support implementation of and adherence to the agreement)

• Feedback from the mediator to management and HR re new insights, how to manage personality differences, systemic issues

• Informing parties that they can be performance managed over breaches in confidentiality & breaches of the agreement

Mediation Investigations Training