What is Workplace Mediation?

WORKPLACE MEDIATION is a process where an skilled, commercially-minded mediator helps two or more parties within an organisation resolve a dispute. 

 

We list some examples of typical workplace disputes that are suitable for mediation below, but almost any dispute can be resolved with open-minded participants and a mediator that understands commercial issues.

The mediator will always seek a mutually acceptable settlement.  This ensures the parties remain in control of the outcome and can protect their interests at all times, something we have found to be critical for businesses. 

This differs from court or arbitration, where the outcome is decided by a judge or arbiter based on arguments and evidence presented to them.

 

Mediation offers organisations many advantages, some of which are noted here.

Advantages of Mediation

There are many benefits of mediation versus court action

We have highlighted some of the most important below

 

Cost

Mediation is much cheaper than court action or arbitration

The costs are known and fixed at the outset

Control

Parties are free to determine the outcome of their dispute, giving flexibility and control

 

Neither party can have an outcome

imposed on them

Confidentiality

Everything revealed during the mediation is protected by confidentiality clauses

 

This preserves privacy, commercially sensitive information and full legal rights

Speed

Mediation is usually resolved in one day

and can be scheduled quickly

Court action can take several months and is scheduled by the court

Protects relationships

Effective relationships are critical to organisational success

Mediation is collaborative, strengthening relationships more than litigation can do

Convenience

Mediation works around business priorities and practices

In this way mediation is much less disruptive to organisations that court action

 

Which disputes are suitable for mediation?

All workplace disputes should be settled quickly to protect the business.

Here are some examples where mediation has helped businesses get back on track.

Dispute regarding sales commission payments

A dispute regarding commissions threatened to stall sales and spread discontent into other departments.

Mediation resolved the dispute quickly and with little cost and established processes to avoid future issues.

Conflict over strategy direction disrupted growth

Debates and ambiguity over strategic direction caused misalignment and wasted management time.

Mediation resolved the dispute, built common purpose and re-established clarity of decision-making.

Founders disagreement threatened partnership

Growing distrust between founders was disrupting sales and the partnership was at risk.

Mediation resolved the dispute, clarified roles, re-energised the partnership and strengthen the management team.

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