Workplace mediation How employers do it - CIPD
Workplace mediation How employers do it - CIPD
Workplace mediation How employers do it - CIPD
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Issues most su<strong>it</strong>able for <strong>mediation</strong>What are the outcomes of <strong>mediation</strong>?Table 7: What issues is <strong>mediation</strong> most su<strong>it</strong>able fordealing w<strong>it</strong>h?% sayingsu<strong>it</strong>ableor verysu<strong>it</strong>ableRelationship break<strong>do</strong>wn 86Bullying or harassment 74Discrimination on grounds of race 55Discrimination on grounds of sex 54Other forms of discrimination 48Cond<strong>it</strong>ions of employment 36Discipline 31Pay 28Dismissal 26There is a clear hierarchy of issues in terms of theirperceived su<strong>it</strong>abil<strong>it</strong>y to be dealt w<strong>it</strong>h by a process of<strong>mediation</strong>. Outstandingly the most su<strong>it</strong>able for<strong>mediation</strong> is judged to be relationship break<strong>do</strong>wn.This underlines the value of <strong>mediation</strong> as a method ofleading parties to re-evaluate their feelings towardsone another, where financial compensation is lesslikely to be appropriate. Bullying and harassment comesecond, w<strong>it</strong>h three in four respondents seeing them ase<strong>it</strong>her very su<strong>it</strong>able or su<strong>it</strong>able to be dealt w<strong>it</strong>h by<strong>mediation</strong>. Discrimination issues are also judgedsu<strong>it</strong>able or very su<strong>it</strong>able for <strong>mediation</strong> by a major<strong>it</strong>y ofrespondents. Issues about pay and cond<strong>it</strong>ions are ingeneral less likely to be seen as su<strong>it</strong>able for <strong>mediation</strong>.The scores for discipline and dismissal are particularlyinteresting. Managers are unlikely to want to surrendertheir discretion in relation to disciplinary issues wherethey believe that a point of principle is at stake.<strong>How</strong>ever, the line between disciplinary and grievanceissues may in specific instances become blurred, in whichcase the employer may prefer to tackle underlyingrelationship issues by means of <strong>mediation</strong> rather thanimpose a disciplinary solution. Where an employee hasbeen dismissed, or is threatened w<strong>it</strong>h dismissal, therelationship will often e<strong>it</strong>her be at an end, or levels ofmutual trust will be very low, so that <strong>mediation</strong> may beconsiderably less likely to have a pos<strong>it</strong>ive outcome.Table 8: What actions were taken following<strong>mediation</strong>?%Both parties stayed in the samejob w<strong>it</strong>h partial resolution of the 37issueBoth parties stayed in the samejob w<strong>it</strong>h full resolution of the 27issueOne or both parties left theorganisation18One or both parties w<strong>it</strong>hdrew aclaim to an employment tribunal9One or both parties movedto another job w<strong>it</strong>hin the7organisationOne or both parties made a claimto an employment tribunal3One or both parties signed acompromise agreement and3remained in the organisationOther 8In almost nine out of ten cases, respondents feel thatthe issues the <strong>mediation</strong> was designed to address wereresolved e<strong>it</strong>her partly (58%) or completely (30%).Complete resolution of issues is reported in a higherproportion of cases where internal <strong>mediation</strong> is used.Although <strong>mediation</strong> was said to follow an actual orthreatened employment tribunal (ET) claim in only16% of instances, in 9% of instances ET claims werew<strong>it</strong>hdrawn, suggesting that, in the major<strong>it</strong>y of thosecases where <strong>mediation</strong> is used, <strong>it</strong> is effective inresolving issues that would otherwise have had to beresolved at a tribunal.It is notable that, in more than half of cases, bothparties stayed in the same job following <strong>mediation</strong>,w<strong>it</strong>h e<strong>it</strong>her full or partial resolution of the issue.<strong>Workplace</strong> <strong>mediation</strong> 7