Mediation

Mediation has been used extensively to resolve workplace conflict brought about by: Allegations of harassment Poor management practices Acts of undisputed harm such as theft Significant gender imbalances in the workforce

In the minority of cases that do not reach full resolution, a common result is to have narrowed the issues that are in dispute. Because the participants have not foregone any of their rights they may can continue to resolve the issue in other more formal ways.

It is not uncommon for there to be differences in negotiating power. The mediator attempts to manage those power differences by: Providing an unthreatening environment; Allowing each participant the opportunity to speak and to be heard by the other participant; Minimizing through informality inappropriate or intimidating behaviour; By taking a non bias approach and acting impartially ;and By not forcing any participant to agree to a settlement.

Each participant in a dispute should take part in the mediation. If that participant is a representative of a business entity or of government then they must have full authority to negotiate and settle. In complex dispute professional advisors such as lawyers and accountants can be of considerable assistance. In less complicated matters participants are encouraged to handle the discussions themselves to avoid additional expense and to ensure they are in control of handling their affairs.

The following are some situations in which other ways of resolving disputes may be more suitable:There is a history of workplace violence which affects a person ability to negotiateThere are problems of alcohol, drug abuse or mental illnessThe participants have not sought sufficient legal adviceThe participant's general health is not good enough for them to assert themselves effectively in the process

This is an intake process that takes place with each participant separately. Typically the assessment takes place over a one and a half hour period in a confidential setting with the facilitator.

Typically, there are preliminary assessment interviews that take place up to two hours each on separate days with each of the participants and are conducted on a separate day to the mediation. Less complicated mediations involving two participants typically take five hours to complete.

Over 80% of the matters that proceed to mediation end in an agreement. A common misperception is that people who resolve matters via mediation have achieved a ‘win- win' situation. This is true to the extent that the participants have resolved the matter without recourse to the expense and time delay of court processes. The real test of a successful outcome is whether each participant has reached an outcome that they can ‘live with'. Another successful outcome is to reduce in the number of issues in contention by recording a statement of agreed and disagreed facts. This means that there is [...]