If conducted properly, workplace mediation can allow for effective resolution of disputes that would otherwise be long and costly to unravel. When planning to engage in workplace mediation, what should parties and legal counsel keep in mind? Language is important. My language as a mediator, throughput the process, must be clean in NLP terms. I do not refer to ‘parties‘, since that is an adversarial term. I speak of ‘participants’. That is a neutral term. The venue selected is also important. It must be neutral and provide the appropriate context for the mediation process. When I am engaged by an organisation, I do not require a perspective about the matters at hand, because that viewpoint itself could be a subjective one. I need to develop my own understanding of the issues, based entirely on what the participants tell me. The skill of active listening is essential – both verbal and nonverbal communication; what is said, what is not said, and how it is said. These are key aspects for a mediator to consider and adopt. What potential difficulties can be ironed out at this stage? The mediator must confirm that the participants are engaging voluntarily and understand the confidentiality of what occurs and is said in the process. Once mediation itself is underway, what should participants and counsel keep in mind at the beginning of proceedings? In my direct experience, participants are 88 LAWYERMONTHLY SEPTEMBER 2022 Preparing Effectively for Workplace Mediation Thought Leader As a tool for resolving workplace conflicts and disputes, workplace mediation is preferred in many cases to formal grievance procedures and employment tribunals. Ensuring that all involved are adequately prepared for workplace mediation, however, is vital. Tony Munday shares his own thoughts and experiences on how this should be carried out.
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