Relationships Australia’s Work Place Mediation Program was established in 1991. Initially set up to assist organisations to deal with issues that were impacting on staff performance, the program has grown to incorporate tailored services to meet individual workplace needs including: mediation; training; coaching; and counselling.
Mediation brings people together with the goal of resolving the issues that are in dispute. Mediators assist parties to reach workable agreements that maintain the interests of each other, and are consistent with organisational policies and relevant legislation. People can often reach fair agreements when all the information is available and able to be discussed honestly and openly.
Relationships Australia Mediation Service provides professional assistance in disputes management. The workplace mediators have extensive training and experience in dealing with workplace issues. They have come from the human resources, legal and staff counselling fields. Either one or two mediators will be assigned to the case based on:
• their experience with the particular issues
• the need to provide a gender balanced team
• the assessment of the degree of conflict between the parties
• the complexity of the issues
A decision to participate in a workplace mediation is voluntary. The parties to the dispute are informed that they can stop the mediation at any time if they believe that continuing is not in their own best interests. Alternatively the parties to a work place mediation can request a short break for consultation with support people, advisers or alternatively to gather thoughts.
It is likely that while the employer may not be a party to a dispute, they still have an interest in the outcome. While the full detail of what is discussed remains confidential to the parties, a management representative may attend part of the first mediation session to state any interests that the employer may have.
Employers may also request that any agreements reached are made in writing and given to the employer for comment prior to final agreement.
Relationships Australia Mediation Service does not provide legal or industrial advice. While our mediators are experienced in work place issues, their position as mediators requires them not to take any side in the mediation process. Through their questioning and private sessions they will however ensure that the parties are aware of the need to obtain current advice regarding organisational policy and relevant legislation.
Often disputes can involve more than two people. Mediation can be a very effective strategy in assisting a work group, management team, or whole office to identify issues in dispute, and work to some resolution. This is how it works:
The first step is a conflict assessment, including issues / history / context. This is done by discussion with the referrer and confidential individual interviews with key individuals. A report back to the referrer is provided which will recommend whether and how to proceed with mediation.
At the joint meeting(s) the mediators will assist the parties:
• to identify the issues in dispute
• to begin a dialogue about how each issue can be resolved
• to distinguish their ‘needs’ from their ‘wants’
• to develop options that will meet their needs
• to weigh each option and to agree on which option best suits
As agreements are reached they are recorded for inclusion in the Mediation Report.
At the conclusion of the mediation process a written record of the agreements reached can be provided. Mediators will assist the parties to reach agreements that are consistent with organisational policies and legislation. In some cases we will also make general recommendations to management about possible changes to workplace policies, practices or procedures with a view to avoiding disputes in the future.
The Work Place Mediation Program fee is negotiated with employers. Generally the fee will be quoted as a rate per hour, with an estimate of the total cost of the service provided ‘up front’. Alternatively a total fee for the complete mediation service can be negotiated by separate arrangement.
The pre-mediation individual assessment appointments can generally occur within 10 days of making contact with the parties in dispute. Timing often depends on availability of parties and mediator for meeting times.
Some workplace mediations can be dealt with in a single joint meeting. With other matters, the complexity of the issues may indicate the need for further meetings.
Work place mediations are conducted at a Relationships Australia office or, provided that appropriate facilities are available, at the workplace site.
Relationships Australia Mediation Service is based at North Ryde. Please contact our office should you have further questions about the use of mediation for a work place issue.
You can call us on (02) 8874 8010 or email by activating the enquiry icon at the top of this page.