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Mediation, an alternative to the formal grievance process

Mediation, an alternative to the formal grievance process

We are experiencing one of the most significant waves of industrial unrest in the United Kingdom since the “winter of discontent” in the late 1970s. Back then soaring inflation pushed workers to stage mass walkouts. Now, forty-five years later workers are again feeling the strain with soaring prices and stagnant wages.  

One of the reasons the level of disruption across the UK is so significant is because the cost-of-living crisis has acted like a trigger for grievances and frustrations that have been building up over many years across many different industries. Train drivers, postal workers, junior doctors, British Telecom engineers, academics, teachers and barristers are all currently involved in ballots and industrial action. There aren’t many people who haven’t been affected by strike action in the last couple of months. Adults have been reduced to tears through frustration and exhaustion and despair, family lives have been wrecked and businesses have had to close. Yet there is still more to come. As I type the disputes continue and ballots are being sent. There are no real signs of resolution, and even if there were the damage already done to the many people that have been affected is probably irretrievable. 



Conflict in the workplace

In the workplace when things go wrong, people tend to have more choice (although it may not necessarily feel like it).  If an employee is unhappy they may have grounds for a grievance and choose to resolve their concerns through this formal process.  Once a grievance is raised the control is handed over to someone else and the griever takes part in the process when invited to do so, setting out the side of the story as they see it, their truth.  They generally don’t have the opportunity to hear the other party’s response and a decision on whether their grievance is upheld or not is made by someone else.  More often than not, they will receive the outcome of their grievance in writing with a few details about how the decision was arrived at.  They’ve had no control in the process and outcome. Even if their grievance is upheld and they ‘win’ they’ve probably invested so much emotionally, felt isolated and not in control that it doesn’t feel like a victory at all.  The other party is probably equally as damaged and the relationship, often, is irretrievably broken down.  At this point one or both parties have a choice – to stay (and stick with, remaining scarred by the process) or to find another job (and carry the scars with them). 


An alternative solution

Mediation is an alternative option to the formal grievance process.  Taking part is a voluntary act for both parties (you can’t and shouldn’t be made to take part in mediation – it just won’t deliver results). The role of the mediator is key to creating the safe environment for both parties to ‘have a conversation’, talk about their differences and share responsibility for finding a resolution.   

It’s all in the planning.  The mediator will meet with both parties separately and prepare them for the joint mediation meeting, with meetings either being face to face or online. They’ll be asked to think about what they want to achieve through mediation and to think about their opening statement for the joint meeting. 

The joint meeting normally takes place on the same day as the individual meetings and goes on for as long as necessary with breaks being called by any party throughout the process.  The mediator manages the time and environment to ensure both parties have equal time and opportunity to air their feelings, thoughts and concerns. 

In successful mediations both parties agree the outcome and any actions.  It’s a confidential process with all parties signing a confidentiality agreement before the mediation takes place.  Only information that both parties agree to share can be shared (even with the line manager). 



Choosing mediation as an option to resolve conflict can lead to feelings of greater control in the process and the outcome (generally a ‘win win’ situation) which lessens the likelihood of a negative experience. 

Organisation costs for resolving grievance through the usual process can be high due to the length of time to work through the process.  Mediation can significantly reduce this cost because it can be organised quickly and the meetings normally take place on one day meaning that there’s less interruption to business.  There’s also less likelihood of one party going off sick (which delays the grievance process and adds to the costs of grievance). 

If you’d like to find out more about our mediation service then get in touch. We’d love to talk.

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Posted

January 9, 2023

Author

Ali Grady

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