MORE ON MEDIATION WORKPLACE DISPUTES

A previous post on mediating workplace disputes generated several emails and phone calls. Here are two examples that were requested as a result:

1.) External mediations that really work.

Perhaps one of the best examples regarding the use of external mediators is by the United States Postal Service during the mid-1990s when employees in Florida filed a class action suit claiming that the USPS Equal Employment Opportunity (EEO) complaint process was slow, remote and ineffective in dealing with workplace disputes. Eventually, the parties agreed that a workplace mediation program would be an effective way to address such issues and a pilot program was introduced in 1994. Since then it grew nationwide to become officially known as REDRESS and made available to all postal service employees. The style of mediation used in the program is the transformative style, which was implemented by the USPS with the objective to “transform” working relationships by having the disputing parties openly discuss their issues to gain a better knowledge of their conflicts and improve their skills to communicate with one another. The Post Office believes this results in a better workplace environment. 

2.) Internal mediations that really work.

There are examples of organizations that have established quasi-independent units within their HR departments to do workplace mediations. In some way these units resemble ombudsman offices. In Scandinavian countries the concept of ombudsman originally meant someone authorized to act on behalf of another. Later in Sweden, the concept was used for an agency independent of the executive branch of government to safeguard the rights of citizens by investigating complaints and attempting to resolve them. The concept has grown worldwide and currently used by corporations and non-profit organizations, hospitals, universities, and government agencies to serve employees who request help to deal with a conflict. To avoid the masculine-limiting word, the concept is now more often referred to as ombudsperson or simply, ombuds. In organizational settings, the ombuds function independently and report only to the CEO or board of directors. The ombuds is a neutral party who works to resolve work-related disputes in a confidential and safe environment. Ombuds may engage in fact-finding, typically to determine if proper procedures were followed for disputes involving pay, benefits, discipline and termination. Along with mediation, Ombuds also use counseling and recommendations to top management to deal with the variety of disputes that can arise between employees and managers, including performance reviews, transfers and promotions and inappropriate behaviors. Ombuds do not have the authority to make decisions that are binding, but they can make recommendations to the parties involved in a disagreement.