Tag Archive for: Mediation

Conflict resolution – the value of mediation and early intervention

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At the start of this new year, I have been reflecting on mediations that I ran towards the end of last year. One common theme from those taking part was that they wished they had been offered mediation sooner.

In some cases, the conflict between the colleagues had gone on for well over a year – which made those involved dread coming to work. In one case the person said that when they came into work they would first check the staff car park – if they didn’t see the other person’s car they would relax and have a good day at work. If they did, then it really affected their mood and they would become tense throughout the day, as if they were almost mentally preparing for an argument.

In nearly all cases, the conflict affected all aspects of work and personal lives, leading to problems sleeping and impacting their own relationships at home. Usually, all those involved had endured a thoroughly miserable time and some had had periods of sickness absence. From the employer’s perspective, this conflict meant they had a less effective team.

Root causes

These were nearly always the same whatever the factual matrix: a lack of effective communication – having that difficult and exposing conversation. This had led to individuals making a series of assumptions and creating their own echo chambers comprised of certain colleagues, who instead of suggesting a resolution, had stoked the conflict.

In one case, during the joint mediation session, which happened in the afternoon, it became clear that the dispute was in fact based on a series of misunderstandings. It became apparent to them that there was in fact no real dispute, they agreed on a lot, which they were both very surprised to learn, and were soon apologising to each other for the miserable time the other had endured over the past months. This all happened within less than an hour. They spent the rest of the afternoon agreeing on a way to work positively with each other from then on. The discussion then turned to how they could make their respective teams work better together. The change in the atmosphere in the room was astonishing. This outcome was not unusual – mediation has a 90% success rate.

What does mediation involve?

  • Mediation is a relatively short process. It usually takes place over a day, with some pre-planning beforehand so the participants know what to expect. The day begins with individual sessions where each participant is encouraged and supported to write down the issue from their perspective and what they are looking to achieve going forward. The afternoon is a joint session where both parties come together to share their individual perspectives, listen to each other and generate opportunities for future working.
  • Importantly, solutions come from the participants themselves and they own the outcomes.

Could your organisation benefit from mediation?

Do you have any employees who are having an ongoing dispute with a colleague or manager? How long has this been going on for? If it has not been resolved through dialogue, then it may be festering. A festering conflict can, and often does, lead to workplace tensions, grievances, sickness absence and all the other hallmarks of an unhappy working relationship.

With its high success rate and relatively short timescale, mediation could provide a compelling and effective solution. It’s important to remember that it is a voluntary process – you can’t require them to do it. If you can get agreement from both parties to participate in mediation, then it might be one of the best things an employer can do for your employees’ wellbeing.

To find out more about mediation, please contact Accredited Mediator, Simon Martin, in our team on 07384 813076.

Navigating the surge in workplace conflict and strategies for effective resolution

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The modern workplace has witnessed a noticeable increase in conflicts in recent years. This phenomenon has not only strained relationships among employees, but has also incurred significant financial costs for organisations.

This article delves into the reasons behind this surge, examines its economic implications, and offers proactive strategies for employers to effectively mitigate and resolve these issues.

Understanding the increase

There are several factors contribute to the rise in workplace conflict, including:

  • Diversity and inclusion – whilst diversity is an asset, hiring employees with varying backgrounds, values and beliefs can also lead to misunderstandings and conflict if not managed effectively.
  • Remote work – the proliferation of remote working, accelerated by the COVID-19 pandemic, has altered the dynamics of workplace interactions. Isolation, miscommunication and blurred boundaries have increased the likelihood of conflict.
  • Stress and burnout – employees face heightened levels of stress, exacerbated by uncertain economic conditions, which can manifest as conflict when people feel overwhelmed.
  • Digital communication – the absence of face-to-face interaction can make it challenging to read emotions accurately. Overreliance on digital communication channels can lead to misinterpretation, miscommunication and, ultimately, conflict.

The financial costs

The increase in workplace conflict carries significant financial implications for organisations. According to a study by the Chartered Institute of Personnel and Development (CIPD), workplace conflicts cost UK employers an estimated £28.5 billion per year in absence, decreased productivity and legal fees. This substantial figure highlights the urgency for employers to address these issues proactively.

Mitigating workplace conflict

There are many ways that these costs and strained relationships can be avoided by following good HR practice, embedding a positive culture, and tackling potential issues early on. For example:

  • promote and invest in diversity and inclusion training and awareness programmes for employees. Encourage open dialogue, empathy and respect for different perspectives.
  • enhance communication skills, focusing on clarity and active listening. Encourage employees to express themselves effectively, model what is expected throughout the business, and provide employees with the tools they need to do this well.
  • implement mental health programmes, support and resources to help employees manage stress and build resilience.
  • promote work-life balance, by encouraging staff to establish clear boundaries between work and personal life, even in a remote-working environment. This should include revisiting flexible working arrangements and being more open to trialling new working patterns.
  • consider developing a conflict resolution training programme, to include mediation and negotiation training. Equip line managers with the skills to intervene early and effectively, or consider outsourcing to third party experts if a situation warrants this, before it becomes toxic or it affects a wider cohort.
  • encourage regular one-to-one check-ins between employees and managers, to provide a platform for discussing concerns, clarifying expectations, and fostering a positive working relationship.
  • create a comprehensive Conflict Resolution Policy to outline the steps to be taken when conflicts arise. Ensure employees are aware of the policy and know how to access support.
  • use technology wisely. Organisations should of course continue to leverage technology for efficient communication, but you should encourage in-person meetings whenever sensitive topics need to be discussed (or video meetings if absolutely necessary). Ensure all employees are proficient in digital communication tools.

The increase in workplace conflict is a real and pressing issue for employers to address, with substantive financial implications for organisations to bear. However, by understanding the underlying causes, investing in training and support, and implementing proactive conflict resolution strategies, businesses can mitigate these issues effectively. A harmonious workplace not only reduces costs, but also fosters a more engaged and productive workforce, ultimately benefiting both employees and the organisation as a whole.

If you would like more help with any of these issues or any other HR concerns, please contact Jo Bradbury in our team, on 07570 372118.

NQHR Club – Mediation

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Tune in to our free virtual HR club webinar – Mediation

In this session of the Narrow Quay HR Club we will talk about mediation. We’ve now got two accredited mediators at Narrow Quay HR and they will discuss what mediation is and what it isn’t and what the parties can expect in the mediation process. We will cover the benefits to the parties and to the organisation of using mediation. We’ll look at when is the right time to think about mediation and how it can work in situations such as when a grievance has been raised. We will also discuss the relative merits of using an internal mediator in an informal mediation process and using the services of an external accredited mediator.

Register here

Date: Thursday 18 May 2023

Time: 9.00am – 10.00am

Speaker: Simon Martin & Sarah Carrington

Conflict at Work? Workplace Mediation Could Save Your Organisation Thousands

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Surprising statistics in a recent ACAS report estimated that workplace conflict cost organisations £2.85 billion in 2021. Workplace mediation is becoming increasingly popular as a more efficient, cost-effective alternative to formal legal proceedings.

The Cost of Workplace Conflict

The ACAS report ‘Estimating the costs of workplace conflict’ was published in May 2021. The analysis was provided by Professor Richard Suandry of the University of Sheffield Management School and Professor Peter Urwin of the Centre for Employment Research, University of Westminster. 

The headline statistics were a wake-up call. 

  • The cost of conflict to organisations was estimated at £2.85 billion, averaging out across employees this equates to more than £1,000 each. 
  • Close to 10 million people experienced conflict at work – of those over half suffered stress, anxiety and depression as a result.
  • Just under 900,000 took time off work – nearly half a million resigned and more than 300,000 employees were dismissed.

This analysis was based on 2018-19, impacted by #MeToo and BLM, but pre-COVID, which has further changed the landscape of work and employee expectations, as socio-political aspects of society that impact the workplace. It is anticipated that the cost of living crisis and summer of discontent will also impact more localised conflict.

Workplace Mediation Is Restorative and Cost-Effective

There is a growing demand for a restorative justice approach. This is where workplace mediation is most useful – as an informal and early intervention, with a no blame and win-win approach and ideally before the conflict becomes too entrenched and toxic. 

The role of the mediator in workplace mediation is to provide confidential, impartial and non-judgemental support to all parties. The mediator will foster a safe and constructive environment with open and honest dialogue to explore issues, with an aim to encourage participants to shift away from their adopted positions. The mediator will not direct or provide solutions – they come from the participants themselves, and own the outcomes.

How Does Mediation Work?

Workplace mediation usually takes place over a day, with some pre-planning and information for the participants, so they know what to expect. The individuals that take part must do so willingly, otherwise mediation will not work. 

The individuals involved are helped to articulate what the issue is, and to be heard (each individual has uninterrupted time when they are brought together). It is an opportunity to explore feelings and needs, to share hurt, which is rare in the workplace. Each participant is heard. Everyone engages equitably. 

The mediator will help all parties to generate and evaluate opportunities for future working. An agreement reached at the end can be useful, often just having the facilitated conversation can be enough to become unstuck and gain some movement and clarity.

Mediation can be used as an early intervention and an alternative to formal processes. It can be used part way through a formal process that will be paused, it can also be an outcome from a formal process It should not be used where there is a large imbalance of power, for bullying and harassment cases or where a formal disciplinary or grievance process is required.

Not all conflict is bad, conflict can be creative and help find solutions.

Narrow Quay HR offer a workplace mediation service. Our team of accredited mediators will be expanding in the autumn.  We offer an initial free of charge meeting to explore if mediation would be helpful.

For more information or support, please get in touch with Sarah Carrington in our team today on 07918 451 453.

Dean of Oxford College Agrees to Step Down After Three-Year Legal Battle

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Christ Church College in Oxford has just settled a matter that has run for three and a half years to get its Dean, Very Reverend Martyn Percy, to leave his post. This case highlights the risks of not dealing promptly with workplace disputes.

‘Immoral’ and ‘Scandalous’ Behaviour

The matter started following a dispute in 2017 over Percy’s pay and his efforts to reform the college’s governance including reviewing pay scales and safeguarding policies and him asking for job descriptions of senior academics.

 In 2018 as a result of that dispute he was suspended after being accused of behaviour of an ‘immoral, scandalous or disgraceful nature’, which was the wording of the College’s statutes under which a Dean can be removed.

The College instructed Sir Andrew Smith, a retired high court judge, to chair an internal confidential tribunal on the dispute. After an 11 day hearing behind closed doors in June 2019, Smith dismissed all 27 complaints against Percy and ordered his reinstatement. However, his did not resolve matters.

Sexual Harassment Allegations

In October 2020 the Dean was accused of touching someone’s hair after morning prayers and this allegation of sexual harassment added to the list of outstanding matters.  

Following a mediation, and in return for what was described as ‘a substantial sum’, the allegation of sexual harassment has been settled, and an employment tribunal scheduled for next year will not go ahead. Percy has agreed to leave in April.

This process has been expensive and damaging for the College. Estimates vary but some reports have said that the total costs of the matter, including the settlement, the reimbursement of Percy’s legal costs and cancelled bequests and donations to the College may be approximately £20 million in total. 

In December, Lord Patten, the Chancellor of Oxford University, said the “protracted and ongoing dispute” was damaging the University’s reputation. In 2020, the Charity Commission also said the dispute was “damaging to the reputation of [the College], and affecting its ability to govern itself”.

How Can You Avoid Similar Conflict?  

One of the reasons this happened relates to the complex governance structures of Christ Church, which is both a college and a cathedral. The College is run by a governing body but there is also a small but powerful group of academics known as ‘censors’ who wield significant amounts of power. 

A number of our clients, particularly the older independent schools, have complex governance structures and we have found that those can tend to lead to disputes becoming protracted. This can in turn lead to multiple layers of appeals and having many different voices and views often adds to the length and complexity of matters.

This case is a reminder to review how you manage your employees. You ideally want to aim for a simple, streamlined process. I once attended a disciplinary hearing for a client and thanks to their constitution, the panel was 100 people, as you can imagine that was never going to go well. 

Mediation

The other lesson is the use of mediation, which enabled the Christ Church College situation to eventually be resolved. With hindsight, it may have been more cost effective and less damaging to have had a mediation session at a much earlier stage. That echoes one of the regular themes of our investigations, problems that have been left to fester for a lengthy period rarely get better on their own. Bringing in someone to at least facilitate a conversation can help avoid a lot of problems. 

Our experienced HR consultants, including a qualified mediator, can work with you to help to diffuse conflicts in your workplace. Please get in touch with Simon Martin in our team on 07384 813 076 for more information.