Mediation as a form of solving the conflict at work

WHAT IS MEDIATION?

Mediation is where an impartial third party, the mediator, helps two or more people in a dispute attempt to reach an agreement.

Mediation is a process of decision-making that involves various models, which are based on the model of facilitative mediation. The mediator guides the process by asking questions to identify interests and real issues of disagreement, and helping parties identify and evaluate options for resolution and settlement. They may float ideas but do not suggest solutions.

What does mediation seek to achieve?

Mediation seeks to provide an informal and speedy solution to workplace conflict, and it can be used at any point in the conflict cycle.

The way in which a mediator conducts the mediation process will depend on the particular style of mediation involved.

Mediation is:

1. Less formal
2. Flexible
3. Voluntary
4. Morally binding but normally has no legal status
5. Confidential
6. (generally) unaccompanied
7. owned by the parties.

What does mediation seek to achieve?

Mediation seeks to provide an informal and speedy solution to workplace conflict, and it can be used at any point in the conflict cycle.

The process offers a safe and confidential space for participants to find their own answers.

It does this in a number of ways, including:

1. Exploring the issues, feelings, and concerns of all participants and rebuilding relationships using joint problem-solving
2. Allowing those involved to understand and empathize with the feelings of those they are in conflict with
3. Giving participants insights into their own behavior and that of others and opening up opportunities for change
4. Helping participants develop the skills to resolve workplace difficulties for themselves in future
5. Encouraging communication and helping the people involved to find a solution that both sides feel is fair and offers a solution that favors them
6. Using energy generated by conflict in a positive way to move things on.

Stages of mediation Separate meeting

1. ? First contact with the parties – the mediator will meet parties separately. The aim of this first meeting is to allow each individual involved to tell their story and find out what they or wants out of the process. Joint meeting
2. ? Hearing the issues – the mediator generally brings the participants together and invites them to tell their side of the story during a period of uninterrupted time. At this stage, the mediator will begin to summarise the main areas of agreement and disagreement and draw up an agenda with the parties for the rest of the mediation.
3. ? Exploring the issues – having identified the issues to explore, the mediation is now about encouraging communication between the parties, promoting understanding and empathy, and changing perceptions. The aim of this part of the meeting is to begin to shift the focus from the past to the future and begin to look for constructive solutions.
4. ? Building and writing an agreement – as the process develops, the mediator will encourage and support joint problem-solving by the parties, ensure the solution and agreements are workable, and record any agreement reached.
5. ? Closing the mediation: once an agreement has been reached, the mediator will bring the meeting to a close, provide a copy of the agreed statement to those involved and explain their responsibilities for its implementation. In some cases no agreement is reached and other procedures may later be used to resolve the conflict. However, nothing said during the mediation can be used in future proceedings.

In conclusion, mediation is an informal and flexible process of conflict resolution that aims to provide a safe and confidential space for participants to find their own solutions. It involves an impartial third party, the mediator, who guides the process and helps those in dispute to explore their issues and concerns, understand and empathize with each other's feelings, and develop skills to resolve conflicts for themselves in the future. The parties involved have their own agreements reached during mediation, which are generally confidential and less formal. The mediator is not there to judge or impose solutions but to facilitate a joint problem-solving process. Various models of mediation exist, and the most common style in Kenya is facilitative mediation. The mediation process involves distinct phases that vary depending on the literature, but the essential elements remain the same. Mediation is a valuable tool for resolving workplace conflicts and can be used at any point in the conflict cycle.