The following are examples of the situations in which I have been asked to act as a mediator and an indication of the outcomes. Where necessary, and to ensure that confidentiality is maintained, I have changed some of the details.
This was a mediation involving a relatively newly appointed manager and a member of his team. There had been some relationship difficulties with the employee and others for some time culminating in the team member losing his temper during an argument with his manager. There then followed a period of sick leave for stress-related illness. The mediation was commissioned in order to assist with a return to work.
During the mediation session it quickly became clear that the employee had been unsupported by others in the organization for some period of time and effectively this was "taken out" on the new manager. The employee was also struggling with work demands due to changes in his role and a lack of training and development to acquire new skills. Some progress was made towards a better understanding of the respective positions and apologies were given from both sides, which were accepted.
The needs and interests of both parties became clear. For the employee, there was a need to support his family and provide for them. Protection of his health was of obvious importance in the circumstances and there was a need for recognition. For the manager it was important for him to save face and retain control.
The employee was clearly suffering in terms of his ill-health and I had some concerns about the employee's ability to make decisions regarding the terms of any agreement. There was discussion over a potential exit but this was not the outcome that the manager wanted. Due to concerns over ill-health at the time and in order to avoid an agreement being concluded in circumstances where one party was not able to think clearly, the process was suspending pending further health support. When we reconvened, an agreement was reached putting in place personal development support and clarity over reporting lines and responsibilities. The relationship remains good and trust appears to have been restored. The resolution met the needs and interests of both parties, the employee's health improved, and he remains employed and earning and is getting the development support necessary to carry out his responsibilities. The manager has clear reporting lines established; external factors were identified and apologies made.
This case study illustrates some of the following things:
- How stress can impact on an individual's ability to think clearly and logically (Chapter 1, Conflict in the Workplace).
- How it can be dangerous to rush towards an agreement too quickly. Had the mediation continued, an agreement could well have been reached on the day but this would not ultimately been the best outcome for either party (Chapter 3, The Mediation Process).
- How it is important to listen to what is underneath the words; the employee was indicating agreement but it was clear from his body language and demeanor that he was struggling with the process (Chapter 2, Mediator Skill Set).
- How it is important to identify the needs and interests of the parties as it is here that the solution can be explored (Chapter 2, Mediator Skill Set).
A grievance process had been completed in respect of allegations of bullying and harassment, which had been upheld, but had not resulted in the dismissal of the perpetrator. A mediation was commissioned to try and help to manage the return to work of the employee who had made the complaint and following a period of stress-related ill-health absence.
As is often common in a situation where mediation is considered necessary, there was a fair divergence between what one party felt the position to be and the other party. There were also issues that had been bubbling away for some time and had not been addressed.
The mediation enabled the parties to air a number of historical matters that had previously not been aired and to gain a far better understanding of their positions. They were able to clarify a number of misunderstandings or incorrect assumptions that each had made. The returning employee felt that there would be a lot of bad feeling regarding the complaint having been raised against another colleague and the mediation allowed the employee to receive the reassurance that was necessary and to put in place some support mechanisms.
The mediation (and subsequent coaching support) enabled the individual who had brought the allegations to return to work and be reintegrated into the team.
This case study illustrates the following things:
- The need for parties to feel that the history has been heard and understood before they are able to move on towards resolution of conflict (Chapter 1, Conflict in the Workplace).
- How assumptions regarding intentions are usually (maybe always) wrong and the need to clarify or question thinking in this respect. The questions discussed in Chapter 2, Mediator Skill Set, can be useful here.
- That there may be a need for further support after the mediation, which was discussed earlier in this chapter.
A number of mediations have involved disputes arising as a result of personality conflicts, or conflicts due to different management/communication styles. In some cases this is between a manager and team member but in others it may involve peers. In either case, resolutions have been achieved through things such as a greater understanding of the impact of behaviors, agreements regarding communication methods (for example, face-to-face rather than e-mail, and raising issues directly with each other), setting objectives, regular one-to-one feedback, and clarity regarding roles and responsibilities. Often, there is also clarity regarding assumptions that had been made regarding the other's intentions; for example in a couple of cases there was a misplaced concern that the team member had wanted the manager's job and did not accept their appointment or authority. In others, there was a concern that one party did not fully appreciate the other's capability.
These cases illustrate the following things:
- The benefit of mediation, enabling issues to be raised and responded to in a safe environment. If, as the mediator, you are asking questions to get to the needs and interests of the parties then inevitably things come out and things are said that have not been said before, leading to a better understanding (Chapter 2, Mediator Skill Set).
- The benefit of mediation in allowing creative solutions to be used, which would not usually arise from other processes (Chapter 2, Mediator Skill Set).
- The importance of allowing the emotions to surface so that each party can directly see and hear how the situation has impacted on the other. This can be very powerful as often each party is locked in their own conflict and have failed to appreciate that the other party is also suffering, and that it is not their intention to hurt the other person. This particular point demonstrates the advantage of joint sessions as discussed in Chapter 3, The Mediation Process. Conversely if, as in one case, a party is supressing their emotions and refusing to let their feelings show (or at least trying not to) for fear of letting their guard down, this can prevent progress.
- The need to establish sufficient trust and rapport, to enable and encourage parties to be open and honest (Chapter 2, Mediator Skill Set).
A number of cases have concerned allegations of bullying and harassment, including allegations of discrimination. Mediation can be a particularly effective way of resolving issues of this nature, as in the vast majority of cases the alleged perpetrator has no real understanding of the impact of their behaviour. I may be an eternal optimist but in my experience it is only in a very small minority of cases that individuals either mean to bully or harass or don't care what impact they have.
In one case, there was particularly shocking homophobic harassment (which one party considered to be banter); once the parties began to talk directly about the issues and the impact was understood, the dispute was resolved quite quickly and genuine apologies were given and received. In this particular case, it was a classic example of the parties concerned not having spoken directly to each other for a number of years; once they were in a room together and in an environment where it was safe to have some dialog, they were able to explain their own positions and listen and understand each other.
These cases illustrate the following:
- The importance of maintaining neutrality and independence (Chapter 2, Mediator Skill Set). This can be a real challenge when you hear (what to you) are shocking details of potentially discriminatory conduct and behaviour.
- The importance of appropriate questioning styles and techniques; using questions which challenge without judgement, reflecting on things, and checking understanding (Chapter 2, Mediator Skill Set).