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Employee Mediation

Employee Mediation is a flexible, voluntary, and confidential form of Alternative Dispute Resolution in which a neutral third party helps parties work towards a negotiated dispute settlement, with the parties retaining control of the decision whether or not to settle and on what terms. Unlike a judge or arbitrator, the mediator does not decide the case on its merits but works to facilitate an agreement between the parties. Mediation provides a private forum in which the parties can better understand each other's positions and work together to explore options for resolution. Often mediation presents the most cost-effective means of dispute resolution for the parties. The Mediation contains resources to help in-house counsel navigate the mediation process.

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Steps to take in conflict mediation

Mediation helps leaders create work environments that will allow their businesses to be successful and help their staff members thrive. It keeps disagreements from damaging the organization’s positive culture and harming the entire business. Here are some typical steps for employee mediation:

  1. The people involved sit down with the mediator to discuss the conflict.

  2. The mediator describes the purpose of the mediation and its goals.

  3. Each person describes their view of the conflict without comments or interruptions from the other party. This should be a short discussion that makes everyone clear about the disagreement and exactly which views conflict. You should intervene if either person attacks the other.

  4. The mediator gathers information by listening to all sides.

  5. The mediator looks for common ground, identifies issues, and helps both parties decide how to settle them together.

  6. The mediator asks each participant to describe the actions they would like to see the other party take. Three or four suggestions work well. For example, someone could say they want another employee to send their weekly report sooner to avoid delays and ensure everyone can meet their deadlines. A staff member could also ask to work exclusively with a particular client instead of dividing the work with someone else. That way, they can avoid confusion and help work go faster.

  7. All parties agree and commit to making the necessary changes to resolve the conflict.

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