Mediation and Strategic Conflict Resolution
Event Review
JSB’s new Mediation and Strategic Conflict Resolution seminar took place this month at the Grange Beauchamp hotel and was led by Penny Macmillan and Diane Hodgson. The day provided a comprehensive overview of the history behind alternative dispute resolution (ADR) and the perception of mediation as a tool for conflict resolution within the workplace. It was also interesting to hear the legal reasoning behind mediation in commercial disputes and the courts’ attitudes towards settling deputes by way of ADR as well as the consequences that not using mediation can bring for litigation costs.
Key advice was also provided on the use of mediation in resolving employment disputes and an overriding theme which emerged is that in disciplinary procedures mediation is possibly not the best form of dispute resolution as managers need to reserve some rights of authority over policies. However, for conflict between employees it can certainly be an effective solution and provide a mechanism for building relationships and enhancing team performance. Time needs to be taken to listen to the views of employees and get to the root of any conflict between staff - it may be that a simple apology could prevent disciplinary procedures from escalating, so less haste can have its advantages!
On a strategic note, HR should be reviewing their policies, possibly be looking into drafting mediation clauses in the contract of employment and assessing the ‘mediation culture’ which already exists within their organisation. It is also important for HR to analyse the level of conflict within their company as certain industries will be more susceptible to conflict situations. For example, in the legal industry the levels of conflict that exist at organisational level are comparatively high. In a law firm there is high energy, high demand and tight deadlines so HR must be realistic about the level of harmony that they can reasonably expect to achieve. Remember however, that an organisation without any conflict whatsoever is probably an organisation to be very anxious about - so conflict is not necessarily a bad thing!
After lunch, the seminar was joined by Keith Loveridge, Employee Relations Manager at King’s College Hospital NHS Foundation Trust, who delivered a fascinating case study on how the organisation has transformed their disciplinary and grievance process and introduced a workplace mediation scheme made up of both internal and external mediators. This brought home the business case for mediation within the workplace and gave an interesting insight into how mediation can and cannot work in your company.
Following on this, the day continued to talk about the different reasons for conflict in individual organisations and came to a halt with discussions over how a mediation scheme might work for different businesses. Practical advice on mediation styles was offered and the business case for setting up a workplace mediation scheme and the costs involved was discussed. There is no one size fits all but the overall feeling from the day was that mediation certainly has a place for reducing conflict and promoting more harmonious relationships at work – a good place to start if you want to avoid costly tribunal action and retain key players!
