Lawyer Monthly - November 2023

The Importance of Mediation to Workplace Conflict Resolution Changing attitudes towards business management and postpandemic litigation backlogs have combined to contribute to a surge in interest for workplace mediation. But how suitable is it as a method of internal conflict resolution? In this feature we hear from TeKay BrownTaylor, owner and president of Brownstone Mediation Services (BMS), who draws on her considerable experience to comment on the merits of workplace mediation and what organisations should be aware of when approaching dispute resolution. Expert Insight EXPERT INSIGHT 45 However, if an issue is worked through a formal grievance option, the results should not have a direct impact on the outcome of the mediation. This is because unlike a grievance process, mediation is not about who is right or who is wrong, nor about determining violation of policy or substantiating innocence or guilt. Mediation is futureoriented; how do participants resolve, fix, improve, engage, act, do and think differently from its conclusion? Though mediation can be conducted at any stage of workplace disharmony, it is most effective when conducted early, which is why it benefits so much from being an informal process. It can be implemented as soon as a problematic issue arises between persons where the issues can be explored and addressed openly and candidly headon. Often, the mediation is the first time where parties have had a real opportunity to listen and be listened to in a safe and private setting intent on getting to the centre of the issues impacting the workplace experience. The typical conflict style exhibited by individuals and leaders in the workplace is conflict avoidance and issues that are not managed well early are certain to manifest into more serious hurt, offenses, unprofessionalism, mismanaged conflict, bad conduct, and bad behaviour. Its common issues that surface through the grievance process have been ongoing problems whether Speaking broadly, in what ways does mediation differ from a typical grievance resolution process when it comes to conflicts in the workplace, and why might mediation often be a better fit for resolving them? Mediation is an alternative to the traditional grievance process – it is a supplement to and not a substitute for. Both are voluntary, mediation being more along the informal lines and the grievance process more of a formal process with specific procedural actions typically guided by policy. One has an impact on the other, but the other does not necessarily have an impact on the one; more plainly put, the mediation may have an impact on the grievance process if a full agreement is successfully reached, possibly preventing the need for a participant to seek further resolve through formal channels.

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