The combination of changing attitudes toward business management, and the backlog in litigation following the pandemic have contributed to an increase in interest for workplace mediators. How suitable is workplace mediation as a means of internal conflict resolution, though? TeKay Brown Taylor, the owner and president at Brownstone Mediation Services BMS, shares her vast experience in this article. She discusses workplace mediation as well as what organisations need to be aware of.
In what ways is mediation different from the typical grievance process in the workplace? Why might mediation be more effective in resolving conflicts at work?
Mediation is not a replacement for the traditional grievance procedure, but rather an alternative. The grievance process is more formal, while mediation follows a more informal path. Both are voluntary. The one has an effect on the other but not necessarily the other. To put it more simply, if the mediator is successful, the process of grievance may be impacted.
The outcome of a formal grievance process should not directly affect the outcome of mediation. Mediation is different from a grievance procedure because it is not about determining who is right and who is wrong. It is also not about proving innocence or guilt. Mediation is future oriented. How will participants act, think, and feel differently after the mediation?
Mediation can be used at any stage in the workplace conflict, but it is more effective when it is done early. This is why informality is so important. The process can be initiated as soon as an issue between two people becomes problematic. It allows the problem to be discussed and resolved openly. Mediation is often the first opportunity for parties to be heard and to have their concerns addressed in a private and safe environment.
Conflict avoidance is the typical style of conflict management in the workplace. Issues that are not handled well will manifest as more serious offenses, unprofessionalism and mismanaged conflicts, bad conduct and bad behavior. The grievance process is often used to address ongoing issues, whether they are real or perceived. Many people wait until the last minute to file a complaint. They may be waiting to see if the problem will go away, unsure if their complaint is valid and not knowing the right channels to follow, afraid of retaliation, or simply unable to resolve the problem. There are many reasons why it is important to encourage a culture in the workplace that emphasizes early resolution of conflict and mediation, rather than relying on the grievance procedure to resolve workplace conflicts.
In most cases, mediation is the first and best option. It is not always best overall. It is, as mentioned earlier, future-oriented. Mediation is the best option in many cases if the participants need to maintain a relationship, mend a damaged working relationship and resolve the issues. If a party seeks justice for a wrongdoing, it is important that they acknowledge that mediation does not serve as a fact-finding and disciplinary procedure. In addition, it is important to note that any rights or entitlements a party had to use other channels of resolution before mediation will also be available after mediation.
There is also the elephant in the living room. The impartiality of HR, who usually runs the grievance procedure, may be in question. We offer external third-party mediators and other ADR in cases where HR, or an internal leader acting as the mediator, may not be seen as equally impartial and independent. The initial and ongoing costs of maintaining an internal mediation program are often underestimated. They may be considerably higher than the cost of outsourcing an external mediator to BMS, when you take into account the logistics, coordination and costs involved, as well as the training and continuing education.
What are the best ways to establish rapport and trust with those who will be mediated?
To start off the mediation process on the right track, it is important to establish trust and rapport. BMS places a lot of importance on the empowerment of the participants in deciding if mediation is a good option. We also make sure to be intentional about determining if we can provide the best assistance. Even if you don’t choose us, we encourage you to choose mediation.
The majority of cases begin with a meeting between the HR leader or senior leader for the parties to discuss the organisational goals, context and how the conflict impacts the workplace. These are macro issues compared to the personal and individual concerns the parties bring to mediation. We also meet with each participant individually in a short pre-mediation session to go over the overview of mediation, expectations, logistics, and the pre-work questionnaire. The participant will also have the chance to express any concerns they may have regarding the mediation process. This is particularly important for first-time clients.
In addition to the bio and credentials of the mediator, follow-up communications include additional resources, tips, and frequently asked questions. We never enter a mediation without having spoken to both parties before. The hardest part of the work we do is often getting parties to sit down at the table for mediation, rather than helping them navigate conflict.
What accommodations are needed if one party or more in a dispute is resistant to mediation?
The best way to overcome resistance is to educate the party about the benefits of mediation. When parties have been fully informed of the benefits that come from participating in ADR, they are more likely to be open to the idea.
How have you improved your mediation practice with experience?
As a mediator I’ve had the opportunity to work as a third-party neutral in many different spaces. I have worked in many different mediation categories including divorce, family violence, domestic abuse, equal employment opportunities, and workplace mediation. Conflict resolution is at the core of everything. After almost 20 years of working in HR, I’m a natural at workplace mediation. But family mediation is my passion. I believe that no family should be in a courtroom as plaintiff or defendant.
It is important, in my opinion, that the young offender system has programs that promote reform and include restorative practices such as mediation. This will give youth an opportunity to correct their mistakes before they are thrown into a criminal justice system. Encourage schools to implement peer mediation programs to help students develop conflict management and interpersonal skills.
The most skilled and experienced mediators have a lot of experience. We are conflict and communication specialists as mediators. Expertise is a measure of experience. The most experienced mediators are able to facilitate difficult conversations in a creative way, regardless of the category.
How do you think the field of workplace mediation will develop over the next few years?
Mediation is gaining in popularity, thanks to the high-profile cases that have been settled. It’s no longer an ‘alternative option’ for dispute resolution. Mediation has begun to be recognized as the most effective, successful and non-adversarial method of resolving disputes and issues. Due to the recent pandemic many courts have a backlog so great that mediation is a much-needed relief. Mediation is therefore fulfilling a real need.
Even before the pandemic hit, courts began to implement ADR programs. They recognized the greater likelihood of success when parties were required to use mandatory mediation to try to resolve their issues before contacting the court. The same benefits are now being used in traditional workplace grievance procedures. Many HR policies and procedures include mediation as a way to help resolve disputes between employees informally. BMS is a HR firm, and our core purpose is to help organisations find the best tools and solutions for improving workplace relationships through their people relations. I have worked in several industries and found that mediation is one of the most effective and reliable tools.
About TeKay Brown-Taylor
TeKay is the president and owner of BMS. TeKay Brown-Taylor has been running her organization for nearly five years. She has advised and coached thousands of leaders and employees on workplace issues in a variety of sectors, including academic, corporate, nonprofit and military. TeKay is a sought-after thought leader for her unique perspectives on inclusion and conflict resolution. She has won numerous awards, including the CSRA Business League’s ‘Woman of the year’, Perry Broadcasting’s ‘Business Professional of the year’ and the peer selected ‘Woman Making a difference’ corporate award.
About BMS
Brownstone Mediation Services LLC is a human resources (HR) consulting company with a solution-focused niche for ADR strategies that aim to transform people problems into transformational learning experiences. BMS was recognized three years in a row as one of Georgia Business Journal’s ‘Best of Georgia’ for Business and Creatives Services, Mediation and Human Resources Consulting. BMS is based on the belief that providing employees with the skills and confidence to lead will help them build better workplaces.
TeKay Brown-Taylor
President
Brownstone Mediation Services LLC
207 Hudson Trace Suite 105,
Augusta, GA 30907, USA
Tel: +1 706-955-2031