Business First May-June 2017 Business First May 2017 | Page 17

BUSINESS FIRST WORKSHOP
An introduction to Mediation Skills
for Managers
by Michael Doherty Mediate NI
here are times in places of work, when
tension may arise among or between
staff that requires the intervention of a
third party. This could take the form of a
formal investigation particularly if there is an
accusation of bullying or harassment. In this
respect the management must take
appropriate steps to sustain a harmonious
working environment.
There are other times when managers can
take on the role of a mediator. In this
capacity the manager with mediation skills
who remains non­judgemental and impartial
can play a significant part in helping parties
in conflict reach their own agreements which
are satisfactory to all sides.
The function of the mediator is completely
different from that of the investigator. The
investigator will interview all parties and
collect evidence and either draw conclusions
from their findings or pass on their findings
and recommendations to a higher authority
such as the Managing Director or Human
Resource personnel who will make a final
decision based on evidence presented.
Mediation is significantly different as it is a
structured process that assists parties in
reaching their own agreements.
The purpose of mediation is to validate and
normalise the parties’ points of view, search
for their needs and interests and help them
create options for consideration in order to
help the respective parties reach their own
agreements.
The mediator does not suggest outcomes or
make recommendations. The mediator
manages the process and the parties manage
the agreements, based on information and
understanding. The mediator has overall
control of the process but must not influence
the outcome.
Mediation as an alternative to more formal
proceedings such as arbitration or litigation is
becoming more and more effective as a tool
for resolving disputes.
The benefits of Mediation are such that it is
a voluntary process that gives the disputing
parties an opportunity to hear out each
other’s concerns in a safe and confidential
environment.
Mediation can assist disputants to think
creatively in terms of putting forward their
views and opinions. In order for the
mediation process to begin all parties must
agree to give their consent to enter the
mediation process in the understanding that
their statutory rights will not be affected.
The mediator or mediators do not have any
decision­making power in the process but can
conflict should use mediation but in my
opinion the best reason is that it is quicker
than formal legal proceedings. It can also save
people money as it is cheaper than having to
go to a lawyer/solicitor and at the same time
does not affect people’s statutory rights.
In conclusion I want to emphasise that
mediation is a voluntary process in which
people can stop a mediation session at any time
and go straight to litigation if they so wish.
Apart from workplace disputes people in
dispute may use the skills of a mediator for;
T
• Personnel matters
• The management of diversity
• Disputes with or between members of the
public and official bodies
• Planning, environmental and legal issues
assist the disputing parties to, creatively,
think of options as to how they could make
their own agreements/accommodation or
settlement.
Mediation is a voluntary process and is
confidential (except when someone may be at
risk e.g. domestic violence or other forms of
abuse) and is also without prejudice, this
means that if the disputants cannot get to an
agreement through mediation and they go on
to a tribunal or any other legal process,
whatever happened during the mediation
cannot be discussed.
Mediation can be used in many settings and
there are three particular models of
mediation processes that can be adapted to
use in different situations. These are called
Facilitative, Evaluative and Shuttle mediation.
The different mediation models offer each
of the disputing parties a chance to evaluate
their particular situation. During whatever
mediation process is used, each disputant is
given an opportunity to present their issues
in uninterrupted time.
Mediation can generate change within
many conflict situations. In my experience as
a practising mediator most disputes that are
settled through a mediation process have a
better chance of lasting than those settled
through other formal methods, such as the
court process or formal grievance procedures
in workplace disputes.
Due to the confidential nature of mediation
it is particularly suited to resolving conflict
arising from bullying, harassment,
restructuring, redundancy and
misinterpretation of employment rights and
contracts within the workplace.
There are many reasons why people in
When managers are being trained in
mediation skills courses participants get an
opportunity to explore the above three
mediation models through an experiential
learning process that will consist of tutor input
and case studies to help participants
experience the role and function of a mediator
as a third party interventionist in a conflict.
MOREINFORMATION
Mediation Skills For
Managers Workshop
If you are interested and want to learn more
about the practice of mediation I am
facilitating a one­day workshop on an
Introduction to Mediations Skills for
Managers to be held at Ridell Hall, Queens
University Belfast on the 25th May 2017.
The workshop will introduce managers to
the three models of mediation that have
been used by professional mediators in
many parts of the world.
Through tutor input and an experiential
learning process participants will get an
understanding of the legal frame work of
mediation, how to prepare disputants for a
mediation session, set ground rules and help
disputants build agreements that have
positive outcomes.
For more information and to reserve a place
please visit
businessfirstonline.co.uk/mediation
www.businessfirstonline.co.uk
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