Following on from Part 1 I left you with the unsubtle point about was the best way of dealing with workplace disputes….
The answer was of course Mediation! And here is why….
Mediation is efficient!
Mediation within a workplace setting allows all parties to come to an amicable solution. Now this may still mean the parting of ways, but if that conclusion avoids the cost and time of going to court and there is a serious reduction in the intangible costs, it has to be a good thing!
A typical mediation takes less than a day, as opposed to an employment tribunal that will take upwards of a month in the current climate. Getting all parties who will remain within the organisation back to work the very next day, both happy and productive, is surely a win-win all round.
Mediation can not only save you a small fortune, but THEY WORK! (no pun intended!)
I have already outlined some or the costs and losses in business that you may suffer whilst managing a dispute, so I won’t repeat myself, but the outlay of a mediator for a day is far less than you will otherwise pay. And statistically speaking, 86% of mediations result in a settlement. (BHA incidentally has a 100% settlement rate do far in 2019, so it is safe to say that it is money well spent!)
Mediations are conducted without prejudice.
Despite the statistical success of mediations, not all are able to reach a settlement, That can be because of the nature of the dispute, or because of a lack of willingness on either or both sides to work towards a middle ground. But the fact that all mediations are entered into without prejudice, any offers that are made by ether side will not be able to bought up again at a later date, for example in a tribunal. That way neither party has to be afraid during the process of negotiation to throw something in to the ring that can later used be used against them!
Impartiality allows for greater success.
A mediators role is to be impartial. The mediator does not serve as a judge, is not there to offer a solution, but to work with all parties in coming to an agreement that they are all happy with. Often people within an organisation are afraid to state the true nature of the issues or to be completely open if they are working with the HR Department, or what they can/should say in front of the MD/CEO. Bringing in an external mediator, who has no bias towards the company allows people to be free and open in their discussions over a dispute and therefor more likely to come to an agreeable solution.
Confidentiality = Protection
Mediations are also confidential. That not only goes for what is discussed during private sessions, but also for the outcome and any negotiations that may have taken place during the mediation. As with impartiality, confidentiality helps both parties speak openly, honestly and freely without fear of the matter coming up again at a later date, or it being used against them!
I’m convinced! What next?!
GET IN TOUCH! We offer a few mediation options to suit your requirements for a particular dispute, or indeed we now offer a retained service, where you get a certain number of mediations each year for a fixed and subsidised cost!