Workplace Mediation

Mediation is a conflict resolution process that is employed to resolve bullying problems. Traditional forms of mediation involve getting people together to talk about what has happened and come to understandings and agreements for the future that ensure bullying does not continue.

There are some problems with the use of mediation to resolve bullying or harassment problems. When one person bullies another, it is not a typical conflict. The person targeted  is not responsible for the bullying. Whatever they may have done, it doesn't justify bullying as a response. The person using bullying behaviour is responsible for their own behaviour. Often, people targeted will feel as if they are being held responsible or that they are expected to help the bully see the error of their ways. In many cases people targeted can be exposed to further bullying in the mediation process, even if the mediator intervenes when it occurs. 

Mediation can be dangerous especially if:

• The  person bullying does not accept responsibility for their behaviour 

• The person targeted is too vulnerable and cannot function effectively during the mediation process

• One or both parties are not ready for the mediation process

• The mediator is inexperienced in dealing with cases of bullying and follows a format that leaves people vulnerable

Mediation is a useful tool, but it should be used carefully and both parties must want to meet and be clear about their goals. For example, the person bullying may want to understand the impact that their behaviour has had on another person because they wish to repair the relationship. The person targeted may want to mediate because they want to be understood and ensure that bullying stops. Mediation may be an opportunity to hear another person and understand them or to show remorse and make genuine apologies.

Genuine apologies are more than saying sorry. They involve acknowledgements, empathy and commitments to change behaviour, not carry a grudge, and not continue to bully.

Mediation or facilitated discussions are only the first step in repairing relationships. They should be followed up with monitoring and support to ensure that matters are genuinely resolved.

Mediation and facilitation can work if:

• The mediator understands workplace bullying and the dynamics that occur

• The process fits the needs of the people

• The mediator initially meets with the parties individually to assess if they are ready to meet and that it is likely to be safe

• The mediator shuttles between the parties and prepares them sufficiently

• The process involved suits the parties and their goals