‘When you conduct autopsies without blame you go a long way toward creating a climate where the truth is heard’

Thomas F Crum ‘The Magic of Conflict’

Last month we discussed the role of mediation in the context of the updated ACAS Code of Practice on discipline and grievance in the workplace.

Here we have asked Marilyn Webster, Chief Executive of Mediation Works to help us take a further step back from ‘legal compliance’ and the current mediation ‘hype’ to put mediation into a fuller context:

Unlike many of the management tools currently on offer Mediation is not new or gimmicky. It has been the traditional method of resolving disputes in communities where economic sustainability depends on the preservation of harmonious relationships and is therefore entirely appropriate to the workplace setting.

Mediation offers a basic problem solving approach within a non-adversarial framework. Whilst the key skills can be taught (or brought-in) the real value to an organisation lies in adopting a mediative approach to conflict generally. The recent changes in employment legislation may not have sufficiently stressed the commercial gains to be found in developing a comprehensive conflict management strategy. The danger is that mediation will be seen as a single intervention to be applied only to full blown disputes rather than as part of a systemic approach that emphasises early and appropriate intervention.

Ask most managers and HR professionals why they should undertake mediation training and they say it’s to learn skills and strategies for managing conflict more effectively. Once they go down this path however they are often surprised to discover something quite different and unexpected - their whole view of conflict changes.

What is revealed is that all conflict carries within it opportunities for learning and development - both for the individuals themselves and for the organisation. Most organisations approach conflict with a desire to either suppress or ignore it rather than welcoming the opportunity for a full non-blaming exploration of the issues involved. Systems and structures are built around the premise that conflict is unhealthy. Few organisations have the confidence to realise and release the enormous potential that properly managed conflict presents for creating positive changes.

Failure to understand how to manage conflict appropriately will cost both time and money. It is not unusual for parties in a mediation to blame the escalation of their original dispute on the approach that management followed. They may feel pushed into formal procedures. Often they struggle to be heard or believed. They may indeed feel the need to exaggerate their position in order to be taken seriously. The initial management response to a complaint or dispute is all important in determining its likely trajectory and the ultimate amount of time, trouble and expense incurred.

Experience in resolving individual workplace disputes reveals that there are nearly always wider organisational issues involved that need to be addressed. Failure to do so will mean a resurgence of the conflict in a different guise, sometimes involving different groups of people. ‘Clusters’ of conflicts are a key indicator of a weakness or a need for change within the organisation. By carefully ‘deconstructing’ the conflict with the parties themselves mediators can often reveal urgent lessons which need to be shared with management. A good partnership between HR Management and an independent mediation provider can be very useful.

Next steps:If you have a situation you think might benefit from mediation or just want to know about what mediation entails, call Campbell on 01494 478806 or e-mail campbell@hradvantage.co.uk. What makes HR Advantage different is that with our resources and experience we can provide effective immediate problem solving solutions and work with our clients so they get better at understanding and dealing with conflicts themselves.