For most employers and organisations, workplace mediation is a relatively new idea – so to understand what it is and what it isn’t will help you make an informed choice about whether and how to best use it as an intervention, doing so will radically reduce the cost and headaches of conflict.
In a nutshell mediation is a non-confrontational approach to addressing conflicts and disputes. It involves an independent third party , the mediator , who facilitates a conversation between those involved in the conflict and helps them to talk about what matters most and explore ways of resolving their conflicts in a way that satisfies their mutual needs. Like any discipline there are different theories, practices and approaches that typically distinguish some experienced mediators from others. Here are the most common approaches to mediation;
Facilitative Mediation
Facilitative mediation is probably one of the earliest forms of mediation based upon the core principles of self determination, free and informed consent and confidentiality. This approach was made popular by the Harvard Negotiation Project as an economic model of conflict resolution. The approach advocates some key principles; self determination, the right to determine for oneself the outcome free and informed consent the understanding that one takes part in the mediation meeting solely on a voluntary basis and equally can leave at any point if they wish and confidentiality.
A facilitative mediator is one that acts as a substantively neutral facilitator, in other words they will not remark on, share views or opinions on the content of the conversation. The mediator will manage a structured process, help create a safe environment for the conversation to take place and use their skills to help enhance the quality of the dialogue that takes place . The outcome of the mediation is the obligation of the parties – it is they who will decide what, if any agreements are to be made and what the terms of those agreements will be – self determination is a fundamental principle . The mediator’s role is to maximize the possibility of the parties arriving at a mutual agreement and to increase the chances that the terms of those agreements stick. The facilitative mediator will have learn’t some core interpersonal skills , process skills, mediation management skills and have a broad understanding of conflict .
Transformative Mediation
The transformative model of mediation was first developed in the US by Robert A. Bush and Joseph Folger and is based on the idea that human beings have the inherent capacity for strength and connection which become impaired during interpersonal conflict. The role of the transformative mediator is to support the parties find their own way in the conversation such that these inherent capacities get activated. So the process doesn’t necessarily follow a particular order and the parties dictate the content, pace , direction and result of the mediation.
Evaluative Mediation
Evaluative mediation is similar in many ways to Facilitative with one important difference; the mediator’s role is to offer parties views and opinions with regard to the relative strengths and weaknesses of each side’s case or argument. So in some way the mediator’s role is more akin to the role of a judge or arbitrator apart from the responsibility for making decisions – which in the end revert back to the parties. Evaluative mediation is more popular with commercial disputes and rarely used as an intervention to resolve workplace disputes.
Mediation will save your company time and money. The cost of conflict can be radically reduced as parties talk through their differences rather than call their lawyers. Your HR professionals can then spend their precious time on critical business activities. So whichever mediation approach you take and whichever workplace mediator you decide to choose, the things that are most important to remember are;
1. The mediator is an impartial and independent person
2. The parties choose to attend out of their own free will
3. The parties have the last say when it comes to the outcome


May 26th, 2010 at 8:45 am
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