Workplace Mediation

Our expert industrial mediation practitioners have decades of experience and know how to approach volatile and sensitive matters with compassion and sensitivity.

POST INVESTIGATION MEDIATION & COACHING

When a complaint has been investigated and is found to be unsubstantiated, the relationship between the parties to the complaint can remain strained. Failure to address ongoing conflict, poor communication or unresolved resentments, can result in further complaints or resignations.

That’s why, as part of our holistic approach to investigating and managing workplace misconduct and general conflict, we offer specialist mediation and coaching to help resolve any residual post investigation issues and assist the parties to adjust to changes that may come about as a result of our recommendations.

We can assist the parties to understand their part in the conflict and help them come to an agreement on how they will engage with each other moving forward. We can also coach individual staff members in how to communicate more effectively, how to manage emotions in the workplace and help them to see how their behaviour impacts on others.

Mediation is also available as a stand-alone service should you require an effective mediator to help settle workplace disputes where an investigation is deemed to be unnecessary.

HOW MEDIATION CAN HELP

Mediation gives both parties an opportunity to feel heard by giving them a formal and controlled, yet empathetic forum in which to express their feelings. Simple misunderstandings are often the most common triggers for workplace disharmony. An experienced mediator will be able to pinpoint the source of the miscommunication and help the parties work toward a greater level of understanding.

Mediation can resolve misunderstandings and bad feeling before the issues become entrenched and escalate. A well conducted mediation program can save an organisation tens of thousands of dollars by preventing bullying and harassment complaints and associated workplace investigations as well as costs associated with increased absentee rates, staff turnover and workers’ compensation claims.

WHY CHOOSE AN EXTERNAL MEDIATOR?

Employees must have confidence in the overall mediation process for it to be successful. Hiring an external mediator can increase the likelihood of a successful resolution for the following reasons:

Non-Biased. An external mediator is guaranteed to be impartial. The perception of neutrality and objectivity is frequently a crucial factor in the eyes of the disputing parties. Even in large organisations, there is a risk that the mediator, no matter how well trained and well intentioned, will bring their own preconceptions about the parties into the mediation process.

Confidentiality can be better assured with an external mediator. It is in the mediator’s interests to behave with the utmost integrity – their professional reputation relies upon it.

An internally run mediation can never completely assure, or maintain, a strong perception of confidentiality due to the dual role of the mediator as both facilitator and fellow employee. The parties will always be aware of this and will have to deal with this shared knowledge whenever they are working together, potentially impacting the effectiveness of the process and complicating future working relationships.

Skills. Complex disputes require extensive experience and specialist knowledge to settle effectively. An internal mediator, with basic training and with limited experience, may not have the skills to adequately deal with more serious disputes. This may result in a less effective resolution and may impact on employee perception of the organisation’s ability to resolve disputes adequately.

TOP 5 REASONS FOR

HIRING A PROFESSIONAL MEDIATOR

Lack of capability – no appropriate mediation training
Lack of time – mediations can be time hungry
Conflict of interest preventing an internally run mediation
Perception of bias if the mediator is a colleague
External specialist had extensive experience

ENGAGING AN INDEPENDENT MEDIATOR

An external mediator can come into the process in place of a formal investigation if an employer decides that a complaint does not warrant a full investigation. The mediator may stop the mediation and recommend a full investigation if they become aware of any allegations of serious misconduct.

Mediators can also come in after an investigation is concluded to help the parties negotiate a way forward. In this scenario, the mediator may read the investigation report to familiarise themselves with the issues of contention. They will then conduct a 1 on 1 confidential meeting with each of the parties to establish whether a mediation would be successful. If a mediation goes ahead, the mediator may conduct one or more sessions to help the parties come to an agreement over how to interact and work together moving forward. This agreement can be shared with the employer so that progress can be monitored.