What is the role of HR in Mediation?

By Stacey Watkinson

Conflict is inevitable in the workplace. It could be a difference of opinion between employees, Manager-staff disagreements, or even challenges emerging from differing Cultural values. Tension can affect the levels of productivity, morale, and overall job satisfaction. While no organisation wishes to have conflict within its business, it’s essential to recognise that unresolved issues can cause long-term damage to teamwork and individual performance.

In cases where conflict appears, effective mediation plays a vital role in resolving issues before they escalate. But what is the role of HR in this process, I hear you ask? Let’s take a look at the key responsibilities and approaches HR professionals are required to bring to the mediation table.

What is Mediation in the Work Setting?

Mediation is a discretionary, private process where an unbiased third party enables communication between debating parties to help them reach a collectively agreeable solution. Much different to arbitration, where a decision is enforced, mediation promotes open conversations, helping employees and/or employers find common ground to enable them to work through their differences collaboratively.

It is often seen that internal HR teams mediate in-house disputes. However, external HR services are proven to be extremely effective in providing mediation support as they give a fresh perspective on situations, have specialised skills and the experience necessary to handle even the most challenging disagreements. They act as impartial representatives with no vested interest in the outcome, which is critical for ensuring fairness in the mediation process.

Key Roles of HR in Mediation

1. Providing a Neutral and Unbiased Environment

A core responsibility of HR in mediation is to remain neutral. This is where bringing in an external HR representative can provide great value, as they have no connection to either party, and the outcome will not benefit them in any way. An external HR representative is also not tied to the company’s internal politics or power dynamics, which could potentially pose an issue. Ensuring that the mediation process is carried out fully impartial means that both parties involved will feel heard and understood, which in turn will create a more positive environment to reach a resolution. 

2. Aiding Communication

Lack of clear & open communication is often the root cause of workplace disputes. Skilled HR professionals know just how to facilitate tough conversations. It is their responsibility to guide the conversation, ensuring both parties get their chance to speak without interruptions and also encourage active listening. This process helps the individuals express their concerns openly while committing to being respectful.

3. Guaranteeing Confidentiality

Confidentiality is paramount during mediation. Employees need to feel confident that any concerns raised will be treated discreetly. If the employees don’t feel that confidentiality is kept, then they may be reluctant to participate in the mediation process. External HR professionals are trained to handle sensitive situations courteously, making certain that no information discussed within the mediation process is shared with other parties without consent. This helps to gain trust and supports participation. 

4. Offering Solutions, Not Impositions

Mediation is about finding a way to resolve the dispute that both affected parties can agree on, rather than enforcing a top-down solution. It is part of the mediation process for the HR representative to support those involved to explore various remedies that are mutually beneficial, helping to balance the needs of the employees with the goals of the organisation. This can be done by guiding the parties through activities such as problem-solving and idea-generating in order to establish some compromises but always keeping the collaboration as the end goal in mind. 

5. Delivering Support Post-Mediation

HR’s job doesn’t finish once the mediation process is complete; it is HR’s role to ensure that they offer support to both parties to make sure the resolution is implemented and sustained. This could include follow-up meetings, assessing the progress and effectiveness of the agreement, and guiding through any issues that may arise. Post-mediation support is extremely important for preventing the issues from resurfacing and for promoting a positive professional relationship going forward. 

6. Training and Preventing Future Conflicts

Underlying issues within a department or team can sometimes be brought to light during mediation, HR can take proactive steps to avert future conflicts. External HR companies like ourselves may be able to offer training in the following areas: communication, conflict resolution, and teamwork. These courses will help to build a positive workforce and minimise the risk of disputes in the future. 

7. Legal Compliance and Risk Management

If your mediations are handled properly it may reduce the risk of escalation to legal proceedings. Legal proceedings of which can be costly not to mention damaging to your companies reputation. External HR providers ensure all mediation processes comply with UK employment law. This reduces the risk of claims related to discrimination, harassment, or unfair treatment. 

Why Should You Engage External HR for Mediation?

Internal HR departments are very much needed within companies, hiring external HR services offer a whole new level of advantages when it comes to mediation. Their expertise and impartiality can lead to faster, more efficient solutions, saving both time, money and resources in the long run.

Some key benefits to engaging an external HR provider for mediation include: 

• Cost-Effectiveness: External HR providers can prevent you from facing legal proceedings that can be costly to your business. 
• Expertise: HR experts offer specialised knowledge around conflict management, industry-specific practices and employment law frameworks. 
• Objective Perspective: External HR representatives can deliver a fully unbiased view of the issues as they are not involved in any internal politics. 
• Improved Workplace Culture: Addressing and solving workplace disputes promptly enhances employee morale and improves staff retention rates. 

How Can HR&OD Business Solutions Help With Your Mediation Processes? 

Our mediation process is facilitated by experienced professionals who are skilled in resolving disputes, ensuring that all parties have the opportunity to express their concerns and work collaboratively towards a mutually agreeable resolution. By addressing conflicts early and proactively, we aim to prevent issues from escalating, creating a healthier, more productive work environment. We also provide training courses in mediation too. 

Arrange a call with us today to discuss your requirements in further detail. 

HR&OD Business Solutions mediate, resolve, and strengthen your workplace dynamics!