To mediate, or not to mediate, that is the question

DSCN0199Mediation has been around for a long time, and has been used very successfully in many, many situations.

Despite that, many employers have been slow to adopt mediation as an approach, often reluctant to put it in place early enough to prevent some situations becoming intractable.  Indeed, it seems to be seen as an option of last resort.

Does this come from a lack of understanding of what mediation is and does? Or is it seen as an unnecessary additional expense? Whatever the reasons, the evidence suggests that it can be extremely successful, at least for those who believe it can be.  ACAS research published in 2012 showed mediation to be significantly more successful where an employer genuinely commits to the process.  Conversely, it is less effective where an employer is reluctant to use it.  It is not unreasonable to conclude, therefore, that the results are to a large extent self-fulfilling prophecies.

The paradox is that the statistics also show that mediation is second only to direct communication in successfully resolving issues between employees.

In many cases, those trying it have done so with internal mediators. While there are clear benefits from in-house mediators, this approach also needs care to avoid individuals perceiving a mediator employed by their company as being less impartial.  Whether or not that’s true is irrelevant, the perception is the key to the success of the process, so the results may not be what might have been hoped.  As a result, internal mediation may not be the appropriate approach in all cases.  Ultimately, the relative costs of employing an external mediator can pale into insignificance compared to the lost productivity that comes from letting a situation persist or deteriorate.

One conclusion was that one poor result can colour an employer’s view of the value of mediation as a whole.  However, further ACAS research concluded:

more than four in five (82%) [employers] said it had resolved
the issues either completely or partly

A key benefit of mediation is that there is little to be lost in trying it.  In this context, very few independent mediators would hesitate to have a conversation about their approach and to answer any questions that anyone involved might have.  It is better for both those involved and their employer to enter with a genuine commitment to find a mutually acceptable outcome or it is less likely to succeed.

If you’d like to know more about the mediation and dispute resolution services offered by Strathesk Resolutions, please e-mail contact@strathesk.co.uk or call Malcolm on 07736068787.

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