In a workplace mediation, using an external, neutral third party to simply listen and acknowledge the concerns of parties to a dispute can have a transformative effective on workplace conflict. The art and skill of listening, without judgement, to acknowledge and validate the concerns of individuals so that they can move forward in resolving conflict is an essential mediator skill set.
It is difficult for internal stakeholders in a workplace (whether it be a manager or HR officer) to occupy the role of a neutral third party and provide the level of active listening that is required in some disputes. In some cases, the interactions that have already occurred in the workplace make it difficult for an internal officer to occupy the role of a mediator. This is why engaging an external, independent mediator early, before matters escalate to fair work or other legal processes can be helpful.
Investing in a mediator early can save you tens of thousands in legal fees and ensure that your team retains talented staff and a positive workplace culture. In fact, even if a dispute does make it to Fair Work, Court or QCAT, after legal expenses have been paid, most disputes end up being resolved informally via mediation or conciliation anyway!
What Happens in a Workplace Mediation?
When engaged for a Workplace Mediation, I will firstly take time to talk to key stakeholders individually (including management and HR) to determine whether mediation is suitable and what the best mediation process could be.
Broadly speaking, Mediation will involve a confidential, facilitated conversation between disputing parties. We jointly discuss the past and then generate options and negotiate outcomes for the future.
Workplace Mediations can be very effective in resolving an ongoing workplace dispute as the Mediator is trained to listen, without judgement and ask questions to uncover assumptions. As a mediator I also provide Conflict Coaching Services. This means that I work with staff one on one to identify why they are in conflict, set goals, and develop constructive communication pathways. For staff in leadership positions, conflict coaching is essential if they want to succeed as a people leader.
Using a mediator to assist with workplace conflict not only means that the conflict at hand can be resolved, but the mediator can also train and coach staff to better manage the next dispute that arises.
How do you mediate a workplace dispute?
I have trained the HR teams and people leaders of many organisations in mediation skills so that they can mediate disputes in house. My Mediation training includes providing staff with a simple process to follow that takes the conversation from a past focus to a future focus.
One of the most essential skills that a professionally trained Mediator brings is that of Active Listening. Active listening is a powerful communication tool that goes beyond just hearing the words being said. It involves fully engaging with the speaker, understanding their perspective, and responding in a way that shows genuine interest and empathy. In the workplace, complaints and minor grievances can get quickly out of hand where an individual feels they are not being heard or taken seriously.
In my experience, many of these complaints may have been resolved earlier with an escalation in conflict had managers intentionally and actively listened to the initial grievance. Unlike other types of listening, such as passive or selective listening, active listening requires effort and intentionality.
Passive listening involves simply hearing the words being said, but not fully processing or understanding them. This is common in busy, fast paced workplaces and can lead to misunderstandings and missed opportunities for connection. For example, someone may be talking to you while you are reading a complex report, while giving the appearance of listening, in reality, you are not fully engaged.
Selective listening involves only paying attention to certain parts of the conversation, usually focusing on information that is relevant to you or aligns with your beliefs or what is necessary for you to progress to the next work task. This can lead to biased or one-sided communication and hinder meaningful understanding. For example, at work, a manager may selectively listen to information that is important for work progress rather than truly empathise with the speaker.
In contrast, active listening involves actively paying attention to the speaker, asking clarifying questions, and reflecting back what they have said to ensure understanding. This type of listening can lead to deeper connections and more effective communication. For example, in a work meeting, actively listening to your colleagues' ideas and concerns can foster a collaborative and productive environment.
By understanding the differences between active listening and other types of listening, mediators are able to steer conversations from the past to the present and then encourage parties to problem solve for the future.
Read more about the Mediation Process here: Mediation & Conciliation Services Brisbane | Shiv Martin
Need help with a workplace mediation?
Like any other professional, Mediators must be trained and accredited. The Mediator Standards Board has a register of currently accredited mediators. Shiv Martin is an accredited mediator, based in Brisbane with over 10 years' experience in Mediation. Having mediated numerous workplace disputes, Shiv is well aware of the complexity, risk and emotion that goes with managing challenging workplace complaints.
In addition to mediation services, Shiv will also provide your workplace with conflict coaching, training and policy creation support.
If you are looking for a mediator or facilitator to assist with your workplace disputes or to resolve a particular workplace complaint, contact Shiv by phone on 0433904303 or by email to contact@shivmartin.com.
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