WORKPLACE MEDIATIONA PROACTIVE APPROACH

TO RESOLVING CONFLICT IN THE WORKPLACE

PRESENTATION OVERVIEW

__ THE DARK SIDE OF WORKPLACE CONFLICT __

__ SHORTCOMINGS OF EXISTING DISPUTE RESOLUTION SYSTEMS __

__ INTRODUCING WORKPLACE MEDIATION __

__ WORKPLACE MEDIATION PROCESS __

__ RELATIONSHIP WITH DISPUTE RESOLUTION SYSTEMS __

__ APPLICABILITY OF WORKPLACE MEDIATION __

__ INTERNATIONAL EXPERIENCE __

__ CONCLUSION __

NEGATIVE IMPACT ON EMPLOYEE WORK PERFORMANCE

DECREASED TRUST LEVELS

ADVERSE WORKING ENVIRONMENT

POOR DECISION QUALITY

BREAKDOWN OF DISCIPLINE IN THE WORKPLACE

DIVISION AMONGST EMPLOYEES

UNSATISFACTORY SERVICE DELIVERY QUALITY

WASTED TIME

ALL OF WHICH EVENTUALLY TRANSLATES INTO MONEY

THE DARK SIDE OF WORKPLACE CONFLICT

Peace is not absence of conflict, it is the ability to handle conflictby peaceful means.

RONALD REAGAN

PRIMARILY REACTIVE

INHERENTLY ADVERSARIAL . . . AND STRESSFUL

DEAL WITH THE SYMPTOMS / MANIFESTATIONS OF CONFLICT

DON'T NECESSARILY TAKE COGNIZANCE OF INDIVIDUAL OR BUSINESS NEEDS

GENERALLY FAIL TO PROMOTE A COLLABORATIVE CULTURE IN THE WORKPLACE

LIMITED IN TERMS OF THEIR OUTCOMES

LIMITATIONS OF EXISTING DISPUTE RESOLUTION SYSTEMS

MANAGEMENT FIGHTING OVER THE BEST WAY

TO RESOLVE CON-FLICT IN THE WORKPLACE!

PROCESS TO RESOLVE CONFLICT IN THE WORKPLACE

VOLUNTARY AND CONFIDENTIAL PROCESS CONDUCTED BY A NEUTRAL THIRD PARTY (MEDIATOR)

MEDIATOR WORKS WITH PARTIES IN CONFLICT TO HELP THEM TO FIND THEIR OWN SOLUTION - AGREEMENT THAT WILL SORT OUT THE PROBLEM OR IMPROVE THE SITUATION.

OVERRIDING AIM IS TO RESTORE AND MAINTAIN THE EMPLOYMENT RELATIONSHIP (WHEREVER POSSIBLE)

FOCUS ON WORKING TOGETHER TO GO FORWARD, NOT DETERMINING WHO WAS RIGHT OR WRONG IN THE PAST

WHAT IS WORKPLACE MEDIATION?

IT IS NOT A PANACEA / SILVER BULLET FOR MANAGING WORKPLACE CONFLICT!

WORKPLACE MEDIATION PROCESS

INTRODUCTION•Mediator introduction

•Explanation of process and Mediator role

•Confirmation of consent to participate

PRIVATE MEETINGS•Mediator meets each party separately to uncover the issues

•Explores options for resolution

JOINT MEETING•Mediator brings parties together to discuss issues directly

•Explores options for resolution

CONCLUDING MEETING

•Mediator brings parties together to conclude an agreement

•Mediator may make non-binding recommendation if no resolution reached

FOLLOW UP•Mediator meets with each party to determine whether agreement has been complied with

•Determines if any further intervention is required.

Sounds like Conciliation?!

WORKPLACE MEDIATION VS STATUTORY CONCILIATION

WORKPLACE MEDIATION

• ATTEMPTS TO RESOLVE WORKPLACE CONFLICT THAT COULD GIVE RISE TO DISPUTES

• INVOLVES ALL PARTIES TO THE CONFLICT

• AGREEMENTS NOT ENFORCEABLE, BUT HIGH DEGREE OF COMPLIANCE DUE TO VOLUNTARY NATURE OF THE PROCESS

STATUTORY CONCILIATION

• ATTEMPTS TO RESOLVE DISPUTES THAT CAN ARISE FROM WORKPLACE CONFLICT

• TYPICALLY INVOLVES EMPLOYER AND EMPLOYEE(S)

• AGREEMENTS ARE ENFORCEABLE

RELATIONSHIP WITH EXISTING DISPUTE RESOLUTION PROCEDURES

GRIEVANCE PROCEDURE

PROBLEM SOLVED!

STATUTORY DISPUTE

RESOLUTIONWORKPLACE DISCIPLINARY PROCEDURE

WORKPLACE MEDIATION

SUCCESSFUL

UNSUCCESSFUL

WORKPLACE PROBLEM !

APPLICABILITY OF WORKPLACE MEDIATION

MAY BE APPLIED TO VIRTUALLY ANY TYPE OF WORKPLACE CONFLICT THAT CAN ARISE BETWEEN PARTIES IN THE

WORKPLACE THAT COULD IMPACT THE WORKPLACE ADVERSELY DIRECTLY OR

INDIRECTLY

EM-PLOYER

EM-PLOYEE

EM-PLOYEE

EM-PLOYEE

EM-PLOYER

EM-PLOYEE

EM-PLOYEE

EM-PLOYEE

EM-PLOYEE

EM-PLOYEE

EM-PLOYEE

APPROPRIATENESS OF WORKPLACE MEDIATION

WILLINGNESS TO PARTICIPATE

SHARED COMMITMENT TO PRESERVE OR IMPROVE WORKING RELATIONSHIP

LOW LEVELS OF ANGER AND VERBAL OR PHYSICAL INTIMIDATION

NO SERIOUS BREACH OF WORKPLACE CODE OR PROCEDURE

UNWILLINGNESS TO PARTICIPATE

EXTREME POWER IMBALANCE

BEHAVIOR INVOLVED MAKES PARTIES FEEL UNSAFE TO COMMUNICATE OR NEGOTIATE

SERIOUS BREACH OF WORKPLACE CODE OR PROCEDURE

INTERNATIONAL EXPERIENCE

ADVISORY, CONCILIATION AND ARBITRATION SERVICE93% SUCCESS RATE SOURCE: 2015 ANNUAL REPORT UNITED KINGDOM

WORKPLACE RELATIONS COMMISSION 85% SUCCESS RATESOURCE: 2014 ANNUAL REPORT REPUBLIC OF IRELAND

FEDERAL MEDIATION AND CONCILIATION SERVICE45% SUCCESS RATESOURCE: 2014 ANNUAL REPORT UNITED STATES OF AMERICA

CCMA WORKPLACE MEDIATION PILOT PROJECT

KEY INITIATIVE OF THE CCMA SENZ'UMEHLUKO (MAKING A DIFFERENCE) STRATEGY TO ADVANCE GOOD PRACTICES AT WORK AND TRANSFORM WORKPLACE RELATIONS.

IN COLLABORATION WITH THE FRUIT INDUSTRY VALUE CHAIN ROUND TABLE (FIVCRT)

FRUIT SECTOR IN THE WESTERN CAPE – FISHBOWL PROJECT

MARCH TO NOVEMBER 2016

UPTAKE TO DATE HAS BEEN BELOW EXPECTATION

SUCCESS RATE CURRENTLY 100%

IMPLEMENTING WORKPLACE MEDIATION

SHARED VISION ON

CONFLICT RESOLUTION

AMEND POLICY & PROCEDURES

DESIGN PROCESS

EXTERNAL / INTERNAL MEDIATORS?

• COMMUNICATE

• PROMOTE

• EMBED• IMPLEMENT

• MONITOR

• EVALUATE

IN CONCLUSION

WORKPLACE CONFLICT LEFT UNMANAGED CAN ADVERSELY IMPACT THE WORKPLACE

EXISTING DISPUTE RESOLUTION SYSTEMS FALL SHORT IN ADDRESSING THE PROBLEM

WORKPLACE MEDIATION OFFERS AN EFFECTIVE MEANS TO MANAGE CONFLICT

PROVED SUCCESSFUL INTERNATIONALLY AND LOCALLY

MAY BE SEAMLESSLY IMPLEMENTED WITH EXISTING DISPUTE RESOLUTION SYSTEMS