Fairness in workplace mediation: what it really means
Workplace conflict is difficult to manage. It takes time, energy and resources. But mediation can offer a quick resolution in many cases, if it’s done fairly. Mediating effectively isn’t just about reaching an agreement. You need a resolution that sticks. So fairness in workplace mediation must be acknowledged by all parties, otherwise the agreement fails and the issue escalates.
Many managers recognise the need for fairness in workplace conflict situations. But some lack a real understanding of what fairness is. It doesn’t just mean finding a solution the aggrieved party’s happy with. Instead, you must find a mediator who can facilitate fairly. And reach a resolution that works for all parties. So consider:
- What fairness means in workplace mediation
- The risks of not applying fairness in workplace mediation
- How your choice of mediator impacts fairness
What fairness means in workplace mediation
Steve and Eric aren’t talking. There’s tension in the team. There was in issue in yesterday’s meeting and Steve stormed out. You want things back on track and know a quick resolution will help. So you propose mediation to move it all forward.
Steve’s very happy but Eric’s reluctant. Yet you go ahead anyway.
Steve wants Eric to say sorry for shouting, so Eric mumbles a vague apology. And two weeks later, it’s Eric’s grievance on your desk.
This isn’t mediation. It’s a manager bringing people together for an informal chat. Workplace mediation offers a quick resolution, but it isn’t a quick fix. It’s a structured process facilitated by a neutral third party. And the aim is a mutually agreeable resolution. But to achieve that, you need fairness, so you must avoid these issues:
Lack of understanding: Mediation isn’t an informal chat. It’s a structured voluntary process that’s impartial and confidential. You don’t force people into it. A fair mediator explains the process and only engages with willing participants. And then they apply structure, so each party shares their side and moves towards a resolution.
Making assumptions: The manager’s focus is a quick resolution. But fairness means digging into the issue and reading between the lines. You find out what happened, and often it’s not about work. So great mediators don’t take things on face value. Instead, they actively listen and question to find the root cause.
Mutually agreeable resolution: One-sided outcomes aren’t fair and they cause the issue to grow. So you can’t just demand an apology from someone. A skilled mediator considers the whole situation and reaches a solution that works for all parties. Mediation isn’t just about getting some action. You need the right action that everyone’s committed to.
The risks of not applying fairness in workplace mediation
Done well, mediation provides a mutually agreeable outcome that all parties feel is fair. Everyone commits to the resolution. And they move forward together. But failing to operate fairly presents a number of risks:
You make it worse: mediation’s most effective at the start of a process. But get it wrong and the issues escalate. Lack of fairness stops employees trusting the process. They’re sceptical about proposed resolutions and don’t commit to the outcome. So instead of resolving it, you get more reports of conflict.
Increased costs: The longer an issue lasts, the more it costs you. In legal advice, management time, and lost productivity. So it’s important to use the right mediator who’s fair and impartial. They’ll listen properly and facilitate an amicable resolution. And they help mitigate against Employment Tribunal claims, if it gets that far.
Toxic culture: People don’t trust managers who aren’t fair. Having favourites. Allocating better projects or training opportunities. It all stops employees from sharing. So issues fester and the environment becomes toxic. Instead you need open communication. A place where employees are happy to share. So use the right mediator who can be impartial and get to the heart of the issue.
Reputational damage: lack of fairness is bad for your brand. People talk and unfairness is a good topic. So don’t get caught out paying lip service to workplace mediation. Manage it properly and demonstrate balance in your approach. They won’t always love the outcome, but a well-managed compromise helps people move on and keeps your reputation intact.
How your choice of mediator impacts fairness
Your choice of mediator is one of the key elements to ensuring fairness. You need someone who’s impartial, neutral and can build strong rapport. Workplace mediation can mean sharing personal problems, so confidentiality is a must.
There are pros and cons of using internal or external mediators. But you must ensure a lack of bias. Existing relationships can sway the outcome, so for true fairness, consider outsourcing. And find someone who really understands your business so they can reach the best resolution for everyone. At LK HR Services Ltd. we offer workplace mediation services. To find out more about why our clients select Lizanne, read her background in The right workplace mediator – why my clients choose me
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