When is Mediation the correct solution to Workplace Disputes?

Mediation is often the solution when it comes to disciplinary issues, performance, behaviour and dismissals in the workplace. But, when is mediation the right approach to workplace conflict?

• The conflict / dispute is fairly moderate
• There are clear issues that have been identified and they can have a substantial result
• All parties have volunteered to participate
• There is no imbalance between the parties involved
• Participants are able to express themselves and their positions freely
• Total confidentiality is agreed on as well as privacy
• Both parties are interested in getting the matter resolved
• The company or organisation involved is prepared to provide support to the parties in the future and agrees to the resolution that has been reached

Mediation is all good and well, but the parties involved need to work hard alongside the mediator so that there is a successful outcome.

• So what are the ingredients of a successful mediation?
• Participants involved must believe that the conflict / dispute can be successfully resolved
• They are willing to resolve it and have an open mind about the mediation process
• Parties involved have insight and the ability to self-reflect
• Participants are ready to move on
• They have the ability and the capacity to listen to the other persons perspective or side of the story

Be sure to contact Cape Mediators today: email mike@capemediators.co.za or give us a call on 082 422 3324 to book your session. Please note that our practice is based in Cape Town, RSA. Should you require advice on selecting a mediator outside of Cape Town, please contact us and we will gladly provide you with a referral.

Why you should Choose Mediation in the Workplace

Mediation is a process that brings people together to resolve their conflicts in a peaceful and proactive way.

But, why should you use mediation when it comes to resolving disputes in the workplace?

Mediation allows employees to feel recognized and understood. Why? Because they are being heard and they have the power to hear other people’s opinion!

Mediation offers employees the opportunity to feel self-empowered. The workplace is a place where people normally feel they are being told what to do; mediation allows you to have your own input into the final decision.

Mediation is about timeliness and speed. Mediation can take place quickly and doesn’t have to be dragged out for many months. When we compare this to a complaint filed to a court, it can take years to resolve!

Mediation is cost effective not only with money, but time as well. Fees are usually a fraction of the price of the cost of normal legal fees.

Mediation is always confidential. By nature and by contract, mediations are always confidential, so there is no need to worry about a public record like you would with a lawsuit.

Mediation can provide a non-public way for disputing parties to discuss the conflict. From there they can communicate in a civilised manner and come to an agreed upon decision – this is vital when it comes to mediation in the workplace.

At Cape Mediators we offer mediation in the workplace around disciplinary issues, performance, workplace behaviour as well as dismissals and retrenchments.

Be sure to contact Cape Mediators today: email mike@capemediators.co.za or give us a call on 082 422 3324 to book your session.

When is Workplace Mediation Necessary?

Basically all conflicts in the workplace can be dealt with using mediation, as long as the people involved are willing to come to an agreement.

But, what workplace situations are so serious that mediation is well-advised?

-- Sexual Harassment

It is often assumed that people who are involved in a sexual harassment dispute cannot work together to come to an agreement. However most sexual harassment complaints happen when people cannot agree on what is funny and what is offensive. If the parties are actually willing to sit down and talk to each other, a mediator can help resolve the issues and come to a peaceful solution. This in turn will save employee relationships and avoid expensive lawsuits.

-- Conflicts between Employees

Everyone is different, and sometimes these differences can prevent two people from working effectively together. Should the company need these employees to work together as a team without conflict, then mediation can be an effective solution. Mediation will give them a change to come to an agreement and allow them to function together harmoniously in the future.

-- Declining Work Performance

An employee may stop working well for a lot of reasons, however when they are questioned about it they may become defensive and scared which in turn results in their work performance declining further. By contacting a mediator, they can help both parties to understand each other’s needs, requirements and requests.

-- Terminations

When an employer chooses to terminate an employee, mediation on the terms of the separation can be very helpful. Mediation can be beneficial emotionally: the employee may never agree that the termination was warranted but will more likely feel that he or she had a fair hearing, and may come to understand the reasons for the employer's action. These realizations can make it easier for terminated employees to move ahead with their lives!

Mediation is an alternative way to resolve conflicts, such as landlord/tenant resolution, labour and contractual disputes, and divorce settlements. 

Be sure to contact Cape Mediators today: email mike@capemediators.co.za or give us a call on 082 422 3324 to book your session.