Mediation

Are you, or is someone in your team, experiencing conflict and unable to reach agreement or resolution?

shutterstock_131475299Mediation is a way for employees, community or sporting club members to address conflict.

Conflict can arise from miscommunication, a dispute, a bullying or harassment claim or a return to work program.

Conflict can present itself in many ways from silence, resistance, aggression, avoidance, bluntness and evasiveness to a multitude of other subtle and not so subtle behaviours. These behaviours impact the wellbeing of those involved, as well as productivity, quality of work and staff retention.

 

Why Mediation?

Mediation is an alternative dispute resolution process for organisations where colleagues are stuck in the emotional angst of conflict and the resultant negative climate is impacting wellbeing and work performance.

Mediation is a voluntary and confidential process that provides a way for people to share, listen, observe, learn and respond.

The purpose of mediation is not to determine who is right or wrong, nor for the mediator to make decisions for the parties.

The aim of mediation is to help move the parties from emotional angst to emotional relief, and enabling the parties to come to their own decisions about how to handle their situation.

Mediation provides people with:

  • A proven, private and constructive model of resolution that can strengthen relationships
  • Reduction in the negative climate that accompanies conflict and prevention of further escalation and associated risks to wellbeing and performance
  • Valuable  learning about the principles of alternative dispute resolution.

There are many possible outcomes of mediations following diagram shows a continuum of outcomes that are possible for parties to a mediation to achieve, dependent on their willingness and ability to participate in the process as fully as possible.

Mediation outcomes

 

The Mediation Process

The mediation process itself is represented in this diagram:

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Mediation includes individual and joint sessions. In most cases, mediations are completed over two days in less than ten hours, depending on the complexity of the issues.

There is an initial consultation with the relevant workplace /community / sporting club manager or human resources department to assess the suitability of mediation, outline the mediation process and clarify the organisations’ expectations from the mediation process. From this discussion a recommendation is made of the likely timeframe required for the pre-mediation and joint mediation work.

Pre-mediation work typically entails an introductory phone call to participants and then a face to face individual meeting. At each contact the suitability of mediation is assessed. Participants are asked to sign an ‘Agreement to Mediate’ which outlines the mediation process, confidentiality issues, the mediators indemnity and the cost of mediation. A mediation pack is provided to each participant that includes useful and practical process and informational resources.

The joint mediation element often requires 3-4 hours to be allocated. In some cases, multiple joint mediation sessions may be required.

A post-mediation review is often of benefit to assist with sustainable change.

 

The Mediators Role

The mediator’s role is to ensure all parties have an understanding of the mediation process, and to maintain order and safety so the parties can actively participate in communicating and identifying possible solutions to the problem(s).

The Mediator’s role is to:

  • Use facilitation techniques to assist clients gain clarity and/or move towards an amicable, sustainable and workable solution
  • Be non judgemental and impartial at all times
  • Provide careful and sensitive analysis
  • Create a safe environment
  • Demonstrate respect for parties at all times
  • Control destructive communication and emotive behaviour within the mediation
  • Be independent – does not judge or give advice or offer solutions
  • Maintain parties confidentiality
  • Not coerce parties.

 

Costs of Mediation

Mediation is a very cost-effective process. Fees are charged by the hour and divided equally by the parties involved, or funded by the organisation.  Please contact me to discuss costs and timeframes.

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