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Workplace mediation as part of an ER Strategy

Since the publication of the Gibbons Review in March 2007 and the subsequent passing into law of the 2008 Employment Act the activity level around workplace and employment mediation in the UK has been on an upward curve. There are no statistics available but it is clear that mediators are busier in the workplace than they have ever been and those providing training are seeing greater numbers of HR professionals on their courses than ever before.

This is encouraging. Mediation saves money and time for organisations and protects the people involved from the stress and distraction of disputes. Equally valuable for those businesses involved, an investment in good mediation delivers a much more positive message about your organisation to those that you employ now and those that you would like to employ in the future. Your psychological contracting is strengthened through the positive approach to conflict that mediation represents and where your psychological contracting leads your employer brand will follow. The time is long gone when a passive approach to disputes or a reliance on litigation will be sufficient and mediation represents an honest and authentic employment relations support for the honest and authentic leadership that the modern workplace requires.

As with all new activity, ‘though, a little care is required to make sure that it joins up with everything else that the business is trying to achieve and to ensure that full value is gained from the effort.

The lesson of history

Mediation and coaching are radically different skills but they both offer old solutions dressed in new clothes to meet organisational challenges. In the same way that the essence of coaching (thoughtful people asking challenging questions to stimulate self-realisation) is an old management skill, the essence of mediation (thoughtful people asking challenging questions to stimulate honest communication) is familiar territory. Like coaching, mediation is both strengthened and threatened by this heritage and there may be something to learn from the trajectory experienced by coaching for those implementing mediation into their organisation.

The early days of coaching adoption in business was haphazard, un-focused and imperfectly integrated into other activity. The fact that there was (and still is) no universal qualification for coaches and the wide proliferation of models and styles made the early days of organisational coaching well sold, but perhaps less well purchased. Its still easy to find coaching deployed as a universal panacea with little thought applied to outcomes but in context and as part of a proper development strategy, coaching is a great tool for the right people at the right time. Workplace mediation is many years behind coaching in growing its availability but in sharing some of the same intrinsic traits, care will be needed to avoid some of the same mistakes.

Mediation - a tool in the bag, not a sticking plaster on a broken leg

There is no doubt that the tribunal system is broken and mediation has a big future but where does it fit in your ER strategy? As ever, the answer is ‘it depends’ but here are some thoughts:

• Consider your culture. What will be acceptable to your managers and staff? Is this a ‘big bang’ or ‘case by case’ implementation? How prepared are your senior managers for what it will require of the business? Don’t just write a policy and expect it to work – this requires a proper change management approach. Consider, communicate and consult widely.
• Consider which cases you will pass towards mediation. It doesn’t work for everything. Decide your criteria and be prepared to modify them as you gain experience.
• Choose your provider with care. You will need an expert to mediate individual disputes and to train your internal mediators if you are using them. Choose a provider who is fit for purpose and one you can work with for the long term. Look hard at their model and make sure that it supports your aims. There are a lot of different ways of working out there and they won't all suit you. Look for a partner, not a life raft.
• Be cautious about who you train to be your internal mediators, if you are using them. Don't leap into training your HR teams – they might not be right for the role. Consider managers. Consider staff representatives and unions. Consider your HR team. Consider a blend.
• Make sure that your internal mediators are given the tools for the job. Give them time away from the day job. Make sure your partner can support them. Make sure they can be given experience before they are let loose. Mediation is hard work and your internal people will need plenty of support – form them into a community of practice and help them to learn together.

For those businesses that have applied a little thought, workplace and employment mediation is already paying dividends. Just chew your pencil a little to reap the rewards.