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.

Whether face-to-face or online, the workplace is the setting for many of life’s most upsetting conflicts. In one university setting, an associate vice president found herself in continual disagreement with the campus vice president. The VP felt she was not doing her job; on the other hand, the associate VP felt her boss was not giving her the resources necessary to perform the duties of her office. Some might think this was a simple dispute the two of them could work out face-to-face. But conflicts are organic; they have a life of their own and grow. The associate VP began to feel a victim of bullying by her superior and found the stress to be increasingly debilitating. In contrast, The VP felt his authority was being publicly questioned and challenged.

They both did agree on two things. One was to try and resolve their issues by mediation in a meeting with their director of human resources. That mediation lasted all of 15 minutes. The HR director began the meeting by asking the associate vice president to explain why she was unwilling to do what the vice president was asking her to do. The HR director put her on the defensive immediately and made it clear he saw her as the problem. 

This example raises the question of who should mediate workplace disputes? An internal mediator, such as someone from HR, has the advantage of knowing the organization and of having insight into the context of a dispute. But, an internal mediator may not be perceived as neutral and may also raise concerns about confidentiality. Parties may assume that an internal mediator is biased and in favor of management. 

Some organizations use an external mediator who may likely be more experienced in dispute resolution and might be considered as a neutral participant in the process. However, using an external mediator involves a monetary expense and could delay scheduling the mediation. And involving an external mediator often makes the dispute seem more formal. 

When I was recently asked about using HR to mediate a workplace dispute, I first explained that by definition, mediation must be voluntary. Employees may request mediation or may be offered mediation. Mediation must also be voluntary for management, that is, employees cannot expect that management participate when mediation is requested nor can management expect that employees agree to mediation. Secondly, participants in mediation have total control over the outcome, that is, no outcome can be forced upon them. 

Finally, there is nothing to lose since workplace mediation, as is true for other forms of the practice, the majority result in mutually agreeable outcomes. But even if no outcome is reached, parties report that the mediation helped to better understand workplace relationships and issues, as well as lower stress.

You may ask what happened to the two university administrators. The associate vice president felt her situation was hopeless and resigned. The vice president could not find a replacement who would accept the position with the resources assigned to the office and had to rely on other staff before another person would accept the position. The extended search took several months. Both parties, as well as the university, lost in this dispute. Could it have been resolved with a different mediator? I think so.