Grievance Procedures: How to avoid them

Want to save £100,000 or more each year?  The average grievance can cost you £20,000!  If you cut just five of those a year, you could save yourself a fortune every year by using mediation.

What mediation does - and what it doesn't do

Mediation is a process that supports people in a workplace 'dispute' in their attempt to find their own resolution to the problem. This is usually best done before the 'dispute' escalates too much.

Mediation is voluntary and requires a level of commitment from all parties involved; crucially for mediation to work the parties must be willing and ready to address the problem. 

Is mediation part of a formal process?

Mediation is informal in that agreements reached are not binding and there is not normally a record kept of the discussions, unless all parties decide that there should be. In fact the only document that survives the mediation is the agreement that the parties voluntary craft and commit to going forward.

How does it work?

Mediation aims to get the parties to identify their feelings as well as the main issues of importance to them.  It provides a safe, comfortable and confidential place for a creative and constructive conversation between the parties, managed by an impartial mediator. Each party has the opportunity to express how the dispute has arisen, how it has affected them, state their preferences and also listen and respond to the other party's concerns.

Will it affect any other procedures in place?

Mediation will not prejudice any other form of action that may be taken to resolve a dispute. As it is confidential, details of the discussions held during the mediation meetings cannot be used as evidence in more formal procedures such as those under Staff Grievance Procedures.

What is the role of the mediator?

The mediators are either external professionals or fully trained staff members.

The mediator(s) acts as a facilitator and does not offer solutions or provide advice, but supports parties to try to reach their own resolution within a safe environment.

What is the process?

The process begins with each party meeting with the mediator(s) individually.   The mediator firstly provides detailed information about how mediation works and what is expected of the individuals involved.  

If both parties agree they will be brought together for a facilitated joint meeting. Each stage is voluntary and any party can decide to withdraw at any time. Private, confidential meetings with the mediator can also be requested at any time during the mediation.

Mediation tends to follow a structure that will include:

1.      Private meetings between the mediator and individual parties to explain the process, the role of the mediator and explore the situation from the individual perspectives as well as any questions or concerns they may have about the mediation process.  Please note that the content of these meetings are confidential and will not be referred to in the joint meeting.  The individual meeting provides the opportunity for parties to explore the mediation process and whether they would be happy to progress to a joint facilitated meeting.

2.      A joint meeting - running as follows:

• An opening statement by the mediator explaining the structure of the meeting
• An opportunity for each party to relate their experience, how the dispute arose and their main issues
• An opportunity for the parties to communicate openly, exploring the dispute and responding to concerns
• Support from the mediator in identifying the main issues
• Identifying areas of agreement and checking their reality
• Writing an agreement (if required)
• Closing the meeting

Mediation may lead to:

• One party acting to sort out the situation
• An agreement being reached
• Increased communication and trust; parties able to sort out their own current and future problems
• Parties feeling listened to
• Partial agreement reached
• Increased understanding and sharing of information

What can it be used for?

Mediation is available for any kind of dispute between staff members - even if the dispute is seemingly trivial, or conversely very complex, mediation might still be useful. 

Although disputes are often between two people, mediation can also be used when a group of individuals are having difficulties working together - for example members of a team working together on a particular project, or a number of colleagues sharing communal working spaces.

In the context of the workplace, a 'dispute' may be an obvious disagreement over a specific issue, or alternatively it may be more general or on-going problems that would not be easily described as a dispute. It may also be mixed-up with other staff issues such as concerns about staff performance or conduct. 

Some issues that arise through mediation might be very complex and involve legal or complicated procedural issues. In such situations mediation can still be a beneficial method to reach agreement.

Usually mediation will always be available so long as all parties agree to it. A caveat to this is if the mediation may involve significant health and safety risks.

Staff Mediation complements services that are already provided by Trade Unions, Personnel Services, and Staff Counselling. It is hoped that any mediation undertaken will have a positive outcome for all the individuals concerned and others, enabling employer and the employees to learn from difficulties and create a more positive work environment for all staff. 

Mediation may be used as part of the staff Grievance Procedure or as a separate informal process discrete from the formal Grievance Procedure. Mediation does not jeopardise an individual employee from either accessing or utilising the Grievance Procedure.

Peaceworks Training

Peaceworks, with over twelve years involvement in Mediation (Commercial, Workplace and inter personal) is able to provide,

• a fully comprehensive yet affordable mediation service
• a full training schedule tailor made to your unique staffing requirements.

Please contact Sue Roberts at the Peaceworks office. Tel: 01243 820604 OR sue@peaceworks.org.uk 

Peaceworks is an outstanding organisation and the skills of your team have brought about so much reconcilation it is vital that it continues"  HR Manager