SITUATIONS WHERE MEDIATION IS A SOLUTION

To give you an idea when mediation can have added value, some examples of case studies are set out below. Of course, many other situations are conceivable in which mediation or pre-mediation (conflict prevention) can offer a solution,

Would you like to check whether your situation is suitable for mediation? Please contact Carola.

Hajar has been working as a Senior Consultant for many years. She performs well and has a pleasant working relationship with the other members of her team and the team leader. The team functions well and achieves excellent results. Everyone is happy.
With the arrival of a new Senior Consultant, Naomi, the atmosphere within the team turns. Hajar and Naomi do not get along. Although this is not expressed directly, the team feels the tension between them and recognizes hostility in their behaviour. Whereas team meetings used to be relaxed and productive, they are now awkward. Hajar often interrupts Naomi and continuously tries to undermine her. Naomi, in turn, does not support any of Hajar’s ideas. As a result, it is difficult for the team to agree on matters at hand. Both Hajar, and Naomi complain about each other to the team members. The team suffers because of this. The business also complains: it takes longer and longer for decisions to be taken by the team, which prevents people on the work floor from moving forward.
The team leader decides to have an individual conversation with both Hajar and Naomi. Hajar reacts strongly when the team leader addresses her about the way Naomi and she interact. She indicates Naomi is undermining her. According to Hajar, she does this because she wants to take Hajar’s future seat in the management team. The promotion Hajar has been working towards for years. Naomi also reacts emotionally during the conversation with the team leader. She tells him she cannot work with Hajar anymore. The next day, Hajar calls in sick. Given how busy the workplace is and the tightness of the labour market, the team leader is faced with a major problem.
The Occupational Health Doctor (Arboarts) concludes there is a labour conflict and recommends mediation. Both employees agree.

Things have been unsettled within the partnership for some time. Due to the arrival of a new lawyer, the partnership contract has to be revised. This is quite a job, as it is a complex, legal document. Every time the contract is on the agenda as a discussion item, it causes tension among the lawyers.
On top of that, interests within the partnership have changed in recent years. As a result, the future prospects and needs of the individual lawyers are no longer fully aligned. During the initial contract negotiations, this became painfully obvious. This led to sharpening discussions and a growing sense of distrust between the partners.
One of the partners suggests having a mediator guide the talks. Not because there is a conflict, but precisely because he wants to avoid conflict. The others agree.

A medium-sized player within the beverage industry needs to restructure its organisation. Within its branches, 18 employees have to leave. The Central Works Council (CWC) is asked for its opinion and advises positively on condition that all redundant employees are given at least eight months’ time to try and replace them internally. In addition, the CWC stipulates redundant workers will be given priority in future placement procedures.
Joshua has been made redundant. He is offered a termination agreement. The offer is not bad. Nevertheless, Joshua is not willing to agree. According to him, his position will not become redundant at all. As the employer has a different view, the HR Manager invites Joshua for an interview. Unfortunately, HR isn’t able to solve the issue. During the conversation, it turns out that Joshua and the HR-Manager see things in a completely different light. Joshua doesn’t feel heard and goes home frustrated and angry. As Joshua is unwilling to accept the termination offer, the employer applies for a dismissal permit from the UWV. Even before the UWV received the request, Joshua calls in sick.
Due to the legal prohibition to terminate an employment contract during illness, the UWV rejects the employer’s request. As a result, the reorganisation process is potentially delayed. Also, if Joshua is proved right, more employees may oppose their redundancy. Meanwhile, the CWC has expressed concern about whether the employer had complied with their previous agreements.
The employer suggests mediation. Joshua agrees.

COST-BENEFIT ANALYSIS

If parties opt for mediation, an average of 4 to 6 meetings are needed to resolve the dispute in a mutually acceptable manner. Procedural costs are generally a multiple of the cost of mediation. This is one of the reasons why more people opt for mediation.

Besides the cost aspect, mediation also has other advantages. Some examples:

  • Confidentiality (versus a public hearing)
  • Fast informal process (versus lengthy, formal legal proceedings)
  • Solutions that both parties fully support
  • Improvement of communication and relationship (versus aggravation of conflict)
  • Future basis for problem-solving.

See also Carola’s June 28 blog on conflict escalation and communication.